Shane Brun

Partner
Brun Shane

Shane Brun is a nationally recognized intellectual property attorney known for his strategic counsel and broad experience representing technology companies in patent litigation and other IP and technology-related matters, including trade secret, trademark, and employee mobility litigation. Shane's practice involves a wide range of technologies, including Internet security, wearable technology, computer networking, wireless communications, microlithography, plasma displays, optical alignment, inspection systems, and digital imaging. He represents clients in federal and state courts around the country, before the International Trade Commission (ITC), and in arbitration. Shane has also served as in-house counsel to two public technology companies. Recently commended by IAM Patent 1000, Shane was cited by one client as “simply the best at addressing threats through practical business landscapes analysis and strategies.”

As in-house counsel to two public technology companies, he represented and advised on mergers and acquisitions; formation of strategic partners; a broad range of commercial agreement negotiations, including licensing technology and intellectual property rights; procurement of patent rights for company products and services; and regulatory issues, SEC filings, and other public disclosures.

Prior to his legal career, Shane worked as a manufacturing engineer with a consulting firm, focusing on semiconductor processing.

Shane also engages in significant pro bono work. He is currently lead counsel representing a class of students with reading disabilities, including dyslexia, against a Northern California school district. Shane is also a member of the board for the Western Center on Law & Poverty, an organization devoted to impact litigation and legislative advocacy in the areas of housing, healthcare, and the social safety net for low-income California residents.

Experience

Representative Matters

  • Defended a cybersecurity company as lead counsel, against claims of patent infringement and trade secret misappropriation brought by a multinational corporation in the U.S. District Courts in Delaware, and in San Jose and San Francisco, California
  • Represented a network technology company, as lead counsel, in a patent infringement matter brought by a software company in the U.S. District Court in San Francisco, California. Following a favorable ruling construing key terms in the asserted patents, the court granted the client's motions for summary judgment of non-infringement and invalidity
  • Represented a producer of audio products, as lead counsel, asserting claims of design patent and trade dress infringement against a Japanese manufacturer, in the U.S. District Court in Los Angeles, California. The case settled on terms favorable to the client, including obtaining ownership of the manufacturer's design patent covering its infringing headphones
  • Defended a wireless network company, as co-lead counsel, against a patent infringement action before the ITC and in U.S. District Court in Oakland, California. The matter involved signal transmissions under the IEEE 802.11n standard and MIMO technology. The ITC investigation is In the Matter of Certain Wireless Communication Devices and Systems, Components Thereof, and Products Containing Same, Inv. No. 337-TA-775. The complainant withdrew its complaint just weeks before the ITC trial was scheduled to begin
  • Represented an imaging technology company in multiple patent infringement matters against two other technology companies, before the ITC and in various district courts across the United States; matters concerned digital camera technology. The ITC investigation was In re Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components Thereof, Inv. No. 337-TA-703
  • Represented a patent organization and several of its affiliates in patent infringement lawsuits in the U.S. District Court in Marshall, Texas, involving the client's pioneering plasma display patents. Following a claim construction ruling in which the client won every meaningful dispute, negotiated a favorable settlement of several patent infringement cases
  • Defended an early-stage company in high-stakes patent litigation against a competitor in the U.S. District Court in San Francisco, California. Developed creative defense strategies while significantly defraying the costs of litigation. Of the three patents asserted, obtained a stay of the litigation on one of the patents (ultimately received favorable results from U.S. Patent and Trademark Office (USPTO) reexamination); obtained voluntary dismissal of the second patent, just prior to filing a summary judgment motion of non-infringement; and obtained a dismissal of the third patent through a stipulated design-around
  • Represented a Japanese multinational corporation following the company's loss in an action it brought before the ITC, in the companion action in the U.S. District Court in San Francisco, California. Established the client's infringement claims on its microlithography patents in the lawsuit, including obtaining an interpretation of a key limitation materially different from the ITC ruling. With this new and generally favorable claim construction in the district court, and with a motion for summary judgment of the infringement pending, negotiated a favorable settlement for the client, including cross-licenses and a payment of $145 million

Insights

Credentials
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Education

  • J.D. University of California, Hastings College of the Law 1995
  • B.S. University of Arkansas 1990

Bar Admissions

  • California
  • U.S. Patent and Trademark Office

Court Admissions

  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the District of Delaware
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California

Professional Memberships and Activities

  • Member, International Trade Commission Trial Lawyers Association
  • Member, San Francisco Bar Association
  • Member, American Bar Association

Recognition
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Shane’s work has been recognized repeatedly, with third parties such as IAM Patent 1000, commending him as, "simply the best at addressing threats through practical business landscapes analysis and strategies." 

His accolades include the following:

  • Listed in IAM Patent 1000 – The World's Leading Patent Professionals, 2017
  • Recipient, Counsel to Counsel honor, The National Law Journal

Community
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Pro Bono

  • Board member, Western Center on Law & Poverty

Volunteerism

  • Member, Educational Foundation of Orinda and Arkansas Alumni Association