BRIEN B. KIRK

W3A6816-Edit3
SUMMARY

Mr. Kirk has over 30 years of experience in all phases of civil litigation under Federal and California law, with his practice focused on IP litigation, primarily patent, trademark and trade secrets, and also related business litigation, securities fraud, class actions and antitrust. Mr. Kirk’s degree in Biochemistry has proven valuable in handling IP cases involving a broad range of technologies, especially in working with expert and client witnesses, when taking and defending depositions, creating law and motion declarations, mediation briefs and in trial/ADR preparation.

EXPERIENCE HIGHLIGHTS

After working as a senior litigator in major Silicon Valley law firms, Mr. Kirk has spent the past 15 years as senior counsel assisting in a wide range of high-profile lawsuits centered in the Los Angeles offices of national law firms, most recently Robins Kaplan LLP. Among the cases on which Mr. Kirk’s involvement proved crucial to the client’s success are the following:

Luxe Hospitality v. SBE (C.D. Cal.) (favorable settlement for plaintiff after defeating summary judgment using defendants’ privileged documents by defeating discovery motions)

Monolithic Power Systems v. Chen (Santa Clara Sup. Ct.) (favorable settlement for plaintiff after defeating summary judgment using first-impression tort claim for conversion of trade secrets)

Magic Cards v. June Bug Enterprises (JAMS Arbitration) (settlement for client after unprecedented motion convincing arbitrator to reverse his ruling in favor of Earvin “Magic” Johnson)

Allure Home Creations v. Zak Designs (D. N.J.) (plaintiff dismissed patent infringement suit following claim construction ruling in client’s favor)

Rapiscan System v. Science Applications International Corp. (C.D. Cal.) (infringement suit settled after firm’s entry as new counsel to ensure client’s compliance with discovery sanctions orders)

SAES Getters v. Aeronex (C.D. Cal.) (plaintiff abandoned client’s market following successful claim construction ruling)

EDUCATION
  • JD—U.C. Davis, Martin Luther King, Jr. School of Law
  • BAS—U.C. Davis, Biochemistry-Economics
BAR ADMISSIONS
  • State of California
  • Federal District Court for Northern District of California
  • Federal District Court for Central District of California