C. Brandon Rash
Partner
Areas of Focus
- Intellectual Property
- Inter Partes Review
- IP Transactions
- ITC Section 337 Investigations
- Patent Litigation
- Royalty Monetization
- Supreme Court & Appellate: IP
- Technology
- Artificial Intelligence & Machine Learning
- Autonomous Systems & Advanced Mobility
- Digital Assets, Cryptocurrency & Blockchain
- SEP/FRAND Disputes
- Semiconductors
- Fintech
- CleanTech & ClimateTech
- Aviation, Space & Defense
- Focuses on patent infringement litigation in federal district courts and at the U.S. International Trade Commission (ITC) and post-grant proceedings at the PTAB.
- Provides counsel on IP matters outside of litigation, including patent portfolio management, regulatory compliance, licensing, export controls & sanctions and due diligence.
- Represents high-tech companies in a broad range of sectors, including electronics, medical devices, computer hardware and software, network communications, wireless and semiconductors.
Brandon has substantial experience in all aspects of patent litigation, from pre-litigation through trial and appeal. He has served as lead counsel in district court actions and ITC investigations, and advises clients on patent eligibility under Section 101. Brandon has significant experience in the U.S. District Court for the Eastern District of Virginia (EDVA), known as the “Rocket Docket,” where he served as a law clerk to the Honorable Henry E. Hudson.
Drawing on his electrical engineering background, Brandon has a cutting-edge practice advising innovative technology startups and established companies on complex matters and disputes.
Brandon routinely represents high-tech clients in district courts across the country and at the ITC. In addition, Brandon has vast experience in post-grant proceedings before the Patent Trial and Appeals Board (PTAB). He has served as lead or backup counsel in over 40 inter partes review (IPR) proceedings.
Clients also rely on Brandon for advice and counsel on non-litigated IP matters, including strategic patent portfolio management, regulatory compliance, licensing, export controls & sanctions and transactional due diligence, among many other types of matters.
Brandon specializes in complex electrical and computer-related technologies, including electronics, medical devices, computer hardware and software, internet and network communications, wireless communications, semiconductors and audio technologies, which are applicable across a broad range of emerging technology areas, such as 5G, Internet of Things (IoT), artificial intelligence (AI) & machine learning (ML), autonomous vehicles, streaming video services and digital assets.
While in law school, Brandon served as manuscripts editor of the University of Richmond Law Review. Before law school, he was a technical marketing engineer at National Semiconductor Corporation, where he was responsible for power management and wireless semiconductor products.
- Representing Kingston Technology Company in a matter addressing patent infringement claims, brought by Vervain in the Western District of Texas, involving products that relate to FLASH memory and associated controllers for managing the use of memory devices.
- Represented Endava Inc. and its Irish sister company in connection with a copyright infringement suit filed against the client by Plusgrade related to an airline seat upgrade platform.
- Advising a computer hardware manufacturer on IP-related due diligence in connection with U.S. export controls & sanctions.
- Advising a multinational technology company in connection with export control classification and licensing for new platforms and products, including novel AI & ML technologies.
EducationJ.D., University of Richmond School of Law, magna cum laude, 2006
B.S.E.E., Virginia Polytechnic Institute and State University, 1999
J.D., University of Richmond School of Law, magna cum laude, 2006
B.S.E.E., Virginia Polytechnic Institute and State University, 1999
ClerkshipsU.S.D.C., Eastern District of Virginia
U.S.D.C., Eastern District of Virginia
Bar AdmissionsDistrict of Columbia
U.S. Patent and Trademark Office
Virginia
District of Columbia
U.S. Patent and Trademark Office
Virginia
- IAM Patent 1000—The World’s Leading Patent Professionals, Leading Private Patent Litigator in Washington, D.C., 2024.
- The Legal 500 US, Patents: Litigation (Full Coverage), 2020 and 2022-2024.
- The Legal 500 US, Patents: Litigation (International Trade Commission), 2020.
- AIPLA, Past Presidents’ Award for Academic Achievements in the Study of Intellectual Property Law, 2006.
- University of Richmond School of Law, Inducted into McNeill Law Society, 2005.
- American Intellectual Property Law Association
- PTAB Bar Association
- Virginia Bar Association
- University of Richmond School of Law, Young Graduate Association Board of Directors (president, 2010-2012; vice president, 2009-2010)
- “AI-Assisted Inventions May Be Patentable, but Only Humans Can Be Inventors,” Akin TechSpeak Alert, February 23, 2024.
- “USPTO Pilot Program Expedites Examination of Patent Applications Directed to Semiconductor Manufacturing in Support of CHIPS Act,” Akin TechSpeak Alert, December 5, 2023.
- “District Court Dismissed Infringement Claims Regarding Online Video Streaming Because the Patents Recited Patent-Ineligible Abstract Ideas,” IP Litigator, July 11, 2023.
- “Overlooked Patent Cases: Indirect Infringement Developments,” Law360, August 2, 2021.
- “Overlooked Patent Cases: Lessons On Section 101 Motions,” Law360, September 22, 2020.
- “Improvements from Using a Computer May Not Transform Abstract Idea into a Patent-Eligible Concept,” IP Litigator, June 25, 2020.
- Presenter, “Electrical and Computer Patent Practice,” Patent Resources Group Advanced Courses, April 7-12, 2019.
- Presenter, “Electrical & Computer Patent Practice,” Patent Resources Group Advanced Courses, April 15-20, 2018.
- Presenter, “Electrical & Computer Patent Practice,” Patent Resources Group Advanced Courses, October 15-20, 2017.
- Panelist, “Considering the Evolution of PTAB Practice,” Boston Patent Law Association’s Contested Matters PTAB Summit, September 14, 2017.
- Presenter, “Electrical and Computer Patent Practice,” Patent Resources Group Advanced Courses, April 2-7, 2017.
- Presenter, “Electrical & Computer Patent Practice,” Patent Resources Group Advanced Courses, October 19-25, 2016.
- Presenter, “Important Concepts and Considerations in Advanced Biofuels Pathway Protection and Approval,” Advanced Biofuels Conference & Expo, October 26-28, 2015.