Bryan Farney has litigated high-stakes patent disputes before federal district courts, appellate courts, the U.S. International Trade Commission and the U.S. Supreme Court for more than 25 years. This work encompasses litigation and licensing negotiations involving computer hardware and software, medical devices, pharmaceuticals, industrial chemicals and mechanical technologies for a number of Fortune 500 companies.
The roster of clients Mr. Farney has represented includes Hewlett-Packard, Acer, Apple, Lenovo, Gateway, eMachines, Compaq, Intel, Verizon, Samsung, Vanguard, Medtronic, Lexmark, 3M, Nokia, Baxter, Edwards Lifesciences, Micron Technology, Molecular Biosystems, American Hoist & Derrick and Adidas America.
Mr. Farney previously served as general counsel and corporate secretary for Micron Technology. He has also worked as a licensing consultant to several Fortune 500 companies, and has testified as an expert witness in patent law.
Areas of Practice
Intellectual Property Litigation
Represented ORG Structure Innovation, LLC, in patent infringement litigation related to software enabling core business security processes. ORG Structure Innovation, LLC v. Oracle Corp., et al. (Northern District of Illinois, Northern District of California, Western District of Texas)
Represented Hewlett-Packard and Acer in patent infringement claims related to the Trusted Platform Module (TPM), a security suite of features used in many modern PCs. Quantum World Corp. v. Hewlett-Packard Co., Acer, Inc. and Dell, Inc. (Eastern District of Texas)
Represented Hewlett-Packard and Creative Labs in claims involving a patent related to webcam technology. Adjustacam LLC v. Hewlett-Packard Co., Creative Labs, et al. (Eastern District of Texas)
Represented Xerox Corporation in a declaratory judgment action brought by Barnes & Noble on four patents related to internet and document sharing technologies. Barnesandnoble.com, LLC v. Xerox Corp.
Represented Acer in multi-patent litigation involving several areas of computer technology, including I/O systems, device drivers, and power management. Acer Inc. et al. v. Hewlett-Packard Co. (Western District of Wisconsin); In the Matter of Certain Computer Systems, Printers and Scanners (U.S. International Trade Commission)
Represented computer maker Gateway in a high-profile, multi-patent suit involving computer components in which Microsoft and Dell were co-defendants. The patents related to video, audio, and speech compression technology; handheld devices; caller ID; and other computer technologies. Lucent Technologies, Inc. v. Gateway, Inc. (Southern District of California)
Represented defendant MedQuist in patent suit involving medical transcription and dictation routing and handling technology. Brought into case near the end of discovery, and located additional prior art and identified and brought counterclaims against plaintiff and plaintiff’s principals that led to favorable settlement for the client. Anthurium, Inc. v. MedQuist Corp., et al. (Eastern District of Texas)
Represented Gateway and several of its affiliates against Hewlett-Packard and its patent-holding subsidiary in seven patent infringement suits and ITC investigations that collectively involved the assertion by Hewlett-Packard of almost 40 patents and the counter-assertion by Gateway of 15 patents. Hewlett-Packard Development Corp. v. Gateway (U.S. International Trade Commission, Southern District of California, Eastern District of Texas, Southern District of Texas, Western District of Wisconsin)
Represented Edwards Lifesciences Corporation in a four-patent suit on heart mitral valve therapy surgical devices against three defendants in independent suits and in a related arbitration. Cases settled with the client receiving substantial cash payments and significant ongoing royalties. Edwards Lifesciences Corp. v. Medtronic, Inc. (District of Delaware); Edwards Lifesciences Corp. v. St. Jude Medical, Inc. (Central District of California); Edwards Lifesciences Corp. v. Carbomedics (District of Delaware)
Represented Micron Technology in patent litigation in multiple district courts involving a total of 68 patents-in-suit related to semiconductor architecture, processing, and product features. Settled on favorable terms after winning summary judgment motion that six of plaintiff’s patents were invalid and two were not infringed. Texas Instruments, Inc. v. Micron Technology, Inc. (District of Idaho, Eastern District of Texas, District of Delaware, Western District of Texas, Northern District of Texas)
Represented Molecular Biosystems in multiple patent litigations between three competitors regarding contrast media for ultrasound techniques, where infringement, validity and priority were at issue. Case settled. Molecular Biosystems, Inc. v. Nycomed Imaging (U.S. District Court, District of Columbia); Sonus Pharmaceuticals, Inc. v. Molecular Biosystems, Inc. (District of Washington)
Co-counsel and principal author of successful respondent brief to United States Supreme Court. Eli Lilly and Co. v. Medtronic, Inc., 110 S.Ct. 2683 (1990) (affirming that 35 U.S.C. § 271(e)(1) provides infringement exemption for FDA testing of medical devices as well as drugs)
University of Texas School of Law, J.D., 1985
University of Texas at Austin, M.S.E., Structural Dynamics, 1982
Southwestern University, B.S., Physics, 1981
Honors and Distinctions
Chambers USA, Top Patent Litigators, 2012, Chambers and Partners
Best Lawyers’ 2015 Austin Biotechnology Law “Lawyer of the Year”
Best Lawyers in America, 2006-2015
Texas Super Lawyers, Thomson Reuters, 2015
The National Law Journal, “Defense Hot List”, 2007
Adjunct Professor, University of Texas School of Law
Adjunct Professor, University of Houston Law Center
Adjunct Professor, South Texas College of Law
Guest Lecturer, Emory University School of Law