Overview

Brent P. Lorimer’s wide-ranging technical and litigation experience contribute to his success in intellectual property and complex commercial litigation. His practice focuses on patent, trademark, copyright, licensing and trade secret litigation and related counseling. He has led litigation teams in a wide variety of technologies, including radar-based “dilemma zone” systems, automatic lane allocation, measurement of volume, occupancy and other traffic patterns, embolic microspheres for use in treatment of uterine fibroids and other benign and malignant tumors, nano fibers used in stents and other devices, devices and methods for thromboembolectomy, devices and methods for angiography, hemostasis methods using devices employing chitosan, endoluminal graft and stent design and placement, blood pressure transducers, acute and chronic dialysis catheters, e-commerce, dental bleaching compositions,  GPS technology,  thin film optics, exercise equipment, nutritional supplements and industrial wastewater treatment, among others. Brent has obtained eight figure awards and settlements for his clients in patent litigation, as well as directing the successful defense of claims against his clients. He has also represented clients before the Patent Trial and Appeal Board in IPR and other post-grant proceedings, mediation and arbitration matters and inter partes proceedings before the European Patent Office. Brent has an active trademark / unfair competition practice, representing both plaintiffs and defendants across the country and has represented clients in high-stakes commercial litigation in a wide variety of legal disputes.

When he is not practicing law, Brent loves spending time with his beautiful wife, children and grandchildren.  He has spent most of his adult life leading and counseling teenagers and young adults, trying to help them navigate the difficult decisions confronting young people today.  On the weekends, Brent is a part-time cowboy, gathering and branding cows and providing comic relief for the real cowboys.

Experience

Experience
  • Complex IP and Commercial Litigation, Inter Partes Conflicts, Mediation and Arbitration
    Appeals before the Court of Appeals for the Federal Circuit and Other Regional Federal Circuit Courts of Appeals
  • Part of a team that obtained a temporary restraining order and preliminary injunction in case involving unfair competition, trademark, copyright, and design patent claims. Walker Edison Furniture LLC v. Gibson Living, et al. (D.S. Carolina 2016)
  • Retained to lead a multi-firm team in a bet-the-company complex commercial litigation that had been pending for four and a half years. The case involved a factually and legally complex fabric of bankruptcy, RICO, securities, tax, contract and corporate governance issues. Trial was set for approximately 10 months after Brent came into the case. Brent and WN colleague Tom Vuksinick immediately set to work shaping the theme of the case and developing trial evidence to support that theme. After a six month period of intense discovery and motion practice, the case was resolved at a fraction of the amount demanded by the plaintiffs, avoiding huge amounts of attorneys’ fees, expenses and the risks of trial. James R. Zazzali, Trustee v. Wavetronix, LLC (D. Idaho 2015)
  • Led enforcement efforts on a patent addressed to “dilemma zone” technology in the Intelligent Traffic Systems space, the problem that occurs when drivers are within 2-5 seconds of a traffic light and cannot decide whether to accelerate or slam on the brakes. Brent and Tom Vuksinick sought a preliminary injunction against a large, publicly held competitor of the client. After a day-long evidentiary hearing, the Court ruled that the client had proved a likelihood of success on validity and infringement. Among other things, the WN team was successful in defeating an invalidity challenge asserting unpatentable subject matter based on Alice Corporation v. CLS Bank International, 134 S. Ct. 2347 (2014). The Court denied the motion for a preliminary injunction based on its view of irreparable harm, but suggested that summary judgment would be appropriate after a Markman hearing.  Shortly thereafter the case settled, with the defendant agreeing to remove the feature accused of infringement from its products. Wavetronix LLC v. Iteris (W.D. Tex. 2015)
  • One of the firm’s clients was sued for cancellation of various of its trademarks, some of which have been in place for nearly thirty years. The complaint asserted claims for cancellation based on alleged fraud on the trademark office, cancellation for falsely suggesting a connection with the plaintiff, cancellation for likelihood of confusion, and declaratory judgment of non-infringement. Brent was successful in forcing a withdrawal of the fraud and false suggestion of a connection claims, and obtained a dismissal of the complaint for lack of case or controversy. The dismissal saved the client the considerable expense of the cancellation/declaratory judgment trial. Merit Healthcare International, Inc. v. Merit Medical Systems, Inc. (C.D. Cal. 2015)
  • Obtained dismissal of litigation filed by NPE/patent troll against firm client by convincing plaintiff that the patent in suit was invalid based on German prior art found and developed by firm. Kardiametrics v. Merit Medical (D. Del. 2014)
  • Enforced patent claiming an innovative solution to the “dilemma zone” problem that occurs when drivers are within 2-5 seconds of a traffic light and cannot decide whether to slam on the brakes or accelerate. Brent and WN colleague Tom Vuksinick obtained both preliminary and permanent injunctions against the infringer. Wavetronix LLC v. Smart Microwave Sensors (W.D. Pa. 2013)
  • Led defense of multi-venue patent litigation against assertion of portfolio of e commerce patents by large multi-national e commerce platform. Resolved claims against client with walk-away settlement. Amazon.com v. Discovery Communications (D. Del. And W.D. Wash. 2011)

Education

Education
  • J.D., cum laude, Brigham Young University, 1982
  • B.A., Brigham Young University, 1978

Admissions

Admissions
  • Utah State Bar
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Circuit Court of Appeals, Sixth, Ninth, and Tenth Circuits
  • Various U.S. District Courts, including the District of Utah, the Central, Southern and Northern Districts of California, the District of Colorado,  the District of Delaware, the District of Idaho, the Northern District of Illinois, the Eastern District of Louisiana, the District of Maine, the District of Maryland, the District of Massachusetts, the Western District of Michigan, the District of New Hampshire, the District of Massachusetts, the Western District of Michigan, the District of Minnesota, the Eastern and Western Districts of Pennsylvania, the District of South Carolina, the Western District of Tennessee, the Eastern, Western and Southern Districts of Texas, and the Western District of Washington.

Achievements

Achievements
  • 2007 – 2018, The Best Lawyers in America®
  • 2018, The Best Lawyers in America®, “Lawyer of the Year” – Trade Secrets for Salt Lake City
  • 2017, The Best Lawyers in America®, “Lawyer of the Year” – Patent Law for Salt Lake City
  • 2016, The Best Lawyers in America®, “Lawyer of the Year” – Trade Secrets for Salt Lake City
  • 2015, The Best Lawyers in America®, “Lawyer of the Year” – Trademark Law for Salt Lake City
  • 2014, The Best Lawyers in America®, “Lawyer of the Year” – Intellectual Property Litigation and Trademark for Salt Lake City
  • 2012, The Best Lawyers in America®, “Lawyer of the Year” – Patent Litigation for Salt Lake City
  • 2011, The Best Lawyers in America®, “Lawyer of the Year” – Intellectual Property for Salt Lake City
  • 2016, Distinguished Service Award, Utah Technology Council
  • 2004 – 2017, “Utah Legal Elite,” Utah Business Magazine
  • 2007 – 2017, Chambers USA – Leading individual in intellectual property
  • Intellectual Asset Management Magazine – Listed as one of the top 1000 IP lawyers in 40 jurisdictions

Community Involvement

Community Involvement
  • Co-founder of the David K. Winder Intellectual Property Inn of Court. President, 2015-2017.
  • Chairman of the Intellectual Property Section of the Utah State Bar, 2016-2017.
  • Member, Board of Directors STEMMx (STEM Mentor Exchange), an innovative app that matches educators and industry professionals to advance STEM training and innovation in K-12 classrooms.

Memberships

Memberships
  • Federal Bar Association
  • American Intellectual Property Law Association (AIPLA)
  • Utah State Bar – Intellectual Property Section
  • Federal Circuit Bar Association
  • David K. Winder IP Inn of Court

Speaking Engagements

Speaking Engagements
  • Adjunct professor of law in Patent Litigation and Counseling at J. Reuben Clark School of Law, Brigham Young University
  • Speaker and panel moderator at Utah IP Summit
  • Frequent speaker at CLE events for IP Section of the Utah State Bar
  • Speaker at BIO Utah Life Science Summit on Post-Grant patent proceedings
  • Speaker at Association for Corporate Growth on IP topics

Languages

Languages
  • Spanish