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Awards & Honors
In a survey of his peers published in Super Lawyers magazine, Mr. Horne was named as one of Southern California’s “Rising Stars” in intellectual property law in 2009, 2010 and 2013.
He was also selected for inclusion in the 2013, 2014 and 2015 Southern California Super Lawyers list, recognized for his work in intellectual property litigation.
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Professional Profile
Brian Horne is a partner in our Los Angeles office. He has handled cases involving patent, trademark, trade dress, copyright, trade secret, unfair competition and breach of contract matters.
Mr. Horne has litigated cases in United States District Courts nationwide, as well as at the Federal Circuit and International Trade Commission. He has represented both plaintiffs and defendants in many technological areas, including pharmaceuticals, mechanical, medical and electronic devices.
Mr. Horne joined the firm in 1999 and became a partner in 2005.
Practice Areas (raw)
Legal Areas of Emphasis
Intellectual Property Litigation, including Appeals
Intellectual Property Proceedings before the International Trade Commission
Specializing In
Cases, Articles, Speeches & Seminars
Representative Matters
Masimo Corp. v. Philips Electronics North America Corp. and Philips Medizin Systeme Boblingen GmbH (D. Del.)
Represented medical-device maker Masimo and achieved a complete victory in obtaining a jury verdict of over $466 million for lost-profits damages against Philips for infringing two Masimo patents. This verdict was listed as the “Top IP Award of 2014” by Law360. The jury also rejected Philips’s infringement claims seeking $169 million.
Applied Medical Resources Corp. v. Tyco Healthcare Group LP d/b/a Covidien (C.D. Cal.)
Represented medical-device maker and patent owner Applied Medical Resources, Corp. in an inventorship dispute filed by Covidien and Gaya Ltd. In a 130-page opinion, the district court ruled in Applied's favor on all claims, holding that no individuals associated with Gaya are inventors on any of the five Applied patents at issue. Pending appeal before the U.S. Court of the Appeals for the Federal Circuit.
Illumina, Inc. v. Meridian Bioscience, Inc. (TTAB)
Currently representing Illumina in cancellation and opposition proceedings relating to Meridian’s registrations and applications for the marks ILLUMIGENE and ILLUMIPRO.
Illumina, Inc. v. Boston Scientific Neuromodulation Corporation (TTAB)
Represented Illumina in opposition proceeding relating to Boston Scientific’s application for the mark ILLUMINA 3D.
KFx Medical Corp. v. Arthrex, Inc. (S.D. Cal)
In jury trial, represented plaintiff KFx and obtained a verdict that Arthrex infringed patents related to methods for rotator cuff repair. The jury awarded $29 million in damages, which was later increased by the court to account for additional sales and interest.
Nomadix, Inc. v. Hewlett-Packard Co. et al., (C.D. Cal.)
Represented plaintiff Nomadix in a patent-infringement action against multiple defendants whose devices and services use Nomadix’s patented technology to provide Internet access to mobile-computer users.
Baroness Small Estates, Inc. v. BJ’s Restaurants, Inc. (C.D. Cal.)
Represented defendant restaurant chain in trademark infringement lawsuit.
Camp Scandinavia AB v. Trulife, Inc. (E.D. Mich.)
Represented defendant in patent infringement lawsuit regarding carbon fiber foot braces.
Kruse Technology Partnership v. Caterpillar(C.D. Cal.)
Counsel for plaintiff in patent litigation regarding internal combustion engine technology. Defeated motion for summary judgment of noninfringement and invalidity. Case settled before trial.
Applied Medical Resources Corp. v. United States Surgical Corp., (C.D. Cal.)
In jury trial, represented medical device maker in obtaining verdict of $43.5 million and a finding that Tyco-Unit U.S. Surgical had willfully infringed patent. The Court upheld the verdict, enhanced damages, and entered a $64.5 million judgment.
Mallinckrodt, Inc. v. Masimo Corp., (C.D. Cal.)
In jury trial and on appeal, obtained $134.5 million verdict for owner of four patents on read-through-motion pulse oximeters. Jury found that Tyco-unit Nellcor had willfully infringed the four patents, while also finding that client had not infringed a Tyco patent. The court had previously dismissed on summary judgment other Nellcor patents and defenses in orders cited above. The appellate court affirmed a $164.5 million judgment and ordered the entry of a permanent injunction. The case settled for $330 million and future royalties.
Glaxo Group Ltd. and Glaxo Wellcome, Inc. v. Ranbaxy Pharms., Inc. (D.N.J)
Represented client pharmaceutical company in six-week patent trial in United States District Court, District of New Jersey. Obtained ruling of patent noninfringement.
In the Matter of Certain Personal Watercraft and Components Thereof (ITC)
Represented Complainant patentee in investigation of accused products pursuant to Section 337 of the Tariff Act of 1930, as amended. Case settled after four-week hearing before administrative law judge.
Speeches & Seminars
Speaker, Significant Supreme Court Cases of 2014, IP Impact Seminar (October 2014)
Speaker, Patent Trolls and Legislation to Combat Them, Southern California Biomedical Council (May 2014)
Speaker, What Engineers Need to Know about Recent Developments in Patent Law, American Institute of Aeronautics and Astronautics (March 2014)
Moderator, Patent Monetization, LAIPLA Spring Seminar (June 2012)
Speaker, Collecting Patent Damages Suffered by a Related Entity, Association of Corporate Counsel (2010)
Speaker, Using Experts in Patent Cases, Forensic Expert Witness Association (2008)
Speaker, Establishing Royalty Damages, PLI Patent Litigation Seminar (2006, 2007)
Professional Memberships
American Bar Association
American Intellectual Property Lawyers Association
Association of Business Trial Lawyers
Federal Bar Association
Los Angeles Intellectual Property Law Association – Board of Directors 2009-2013
Industry Experience
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