Bryan J. Mechell

Bryan Mechell is a trial lawyer and registered patent attorney with experience in complex intellectual property litigation. Bryan focuses his practice on new and cutting-edge technologies in order to help large companies, small businesses, and inventors assess and protect the value of their IP. He regularly represents clients as both plaintiffs and defendants in various phases of litigation—including trial proceedings conducted by the Patent Trial and Appeal Board—and enjoys helping clients effectively navigate complex and technical legal issues in order to meet their business goals. 

Drawing on his background in computer science and physics, Bryan regularly represents emerging and established businesses involved in technology and software license disputes and helps them develop methods for auditing, managing, and enforcing license compliance. He recently represented 4DD Holdings, LLC as trial counsel in a high-profile case against the U.S. Government for alleged violation of a software license agreement, successfully securing a finding of software copyright infringement and $13 million damages award. He recently reached a confidential pre-suit settlement on behalf of a of a healthcare database software developer in a copyright infringement dispute with a software licensee and continues to represent the developer in follow-on license enforcement efforts. Bryan has also represented companies defending against claims including patent infringement, copyright infringement, and breach of technology license agreements.

Because of his in-depth experience and knowledge of the ever-changing IP litigation landscape, Bryan is a trusted advisor to his clients in the courtroom and the boardroom. He advises companies of all sizes on the IP-related risks and opportunities they face as they bring their innovation to market by helping them manage their technology and software licenses and map out asset protection strategies. He is skilled at helping both licensees and licensors protect their IP assets, improve their technology agreements, and develop strong bargaining positions in technology-related negotiations.

Bryan has advised clients in a wide variety of technical fields, including:

• video streaming protocols
• IoT and AI software technologies
• mobile wireless telecommunications
• mobile broadband
• internet technologies
• TCP/IP communications standards and protocols
• server architecture
• database encryption
• computer processing and graphics
• semiconductor design and fabrication
• consumer products and peripherals

Education

• The George Washington University Law School, J.D.; American Intellectual Property Law Association Quarterly Journal; Giles Rich Intellectual Property Moot Court Competition, Semifinalist
• University of Minnesota, B.A. in Political Science, minor in Physics, magna cum laude

Languages

Representative Matters

4DD Holdings, LLC v. The United States of America: Obtained a nearly $13 million judgment as trial counsel on behalf of 4DD Holdings, LLC — a veteran-owned developer of complex data federation software — in a complex software copyright infringement lawsuit against the United States resulting from the Government’s breach of a software license agreement. After a two-week trial in the Court of Federal Claims, the Court affirmed that the Government infringed 4DD’s valid copyright when it created tens of thousands of unlicensed copies of 4DD’s proprietary software and awarded damages to 4DD for lost licensing fees. In addition, the Government was ordered to pay $1.1 million in sanctions for destruction of evidence. This lawsuit has potentially broad implications for companies that license software to the government, including with respect to drafting effective license agreements and ensuring compliance with licensing terms. Post-trial briefing is ongoing.

Reached a confidential pre-suit settlement on behalf of a healthcare database software developer in a copyright infringement dispute with a software licensee regarding unauthorized login sharing and copying of software in breach of license agreement. Continuing to represent software owner in follow-on license enforcement efforts.

Represent DivX, LLC in patent infringement litigation against Netflix and Hulu relating to patented video streaming technologies.

Q.E.D. Environmental Systems, Inc. v. PumpOne Environmental, LLC.: Represent QED Environmental Systems in patent infringement litigation regarding well pump technology.

Voyageur Outward Bound School et al. v. United States of America (D.D.C.): Achieved significant pro bono victory as lead appellate counsel to Friends of the Boundary Waters Wilderness in a four-year Administrative Procedure Act challenge to the United States Bureau of Land Management’s reinstatement of two copper-nickel mining leases along the edge of the Boundary Waters Canoe Area Wilderness (BWCAW). In early 2022, the two mineral leases were canceled along with a finding that that they were unlawfully renewed under the former Presidential administration. The decision marked a “monumental victory for the Boundary Waters” in the words of Minnesota Congresswoman Betty McCollum.

PCT International Inc. v. Holland Electronics LLC: Trial counsel on behalf of plaintiff in a patent infringement trial involving coaxial cable connector technology. The case was tried in the United States District Court for the District of Arizona before Judge James A. Teilborg. Secured a jury verdict for PCT on issues of infringement, patent validity, and damages in May 2015. An injunction against all future sales of infringing products was confirmed by the Court in September 2015. The Federal Circuit summarily upheld the permanent injunction and jury verdict in favor of PCT International, Inc. on August 16, 2016.

Metasearch Systems, LLC v. Expedia et al.: Counsel for plaintiff in multiple patent infringement actions in the District of Delaware for use of internet search technologies in the online travel industry. During agreed stay pending district court litigation, represented patent owner in all related covered business method review proceedings and hearings before the Patent Trial and Appeal Board. A final settlement of claims was reached with all defendants after the conclusion of PTAB proceedings.

Represented the patent owner of metasearching-based technology in multiple covered business method review proceedings before the PTAB. Two of the PTAB proceedings went to final hearing and the related district court litigation was resolved after the PTAB’s final written decisions.

Advanced Micro Devices, Inc., et al. v. LG Electronics, Inc., et al., No. 3:14-cv-01012-SI (N.D. Cal.): Represented Advanced Micro Devices, Inc. (AMD) against LG Electronics, Inc., et al., in patent infringement litigation venued in the Northern District of California. The case involved AMD’s assertion of nine patents relating to integrated circuit power and thermal management, computer memory architecture, graphics processing (GPU) technology, and graphical user interfaces for consumer electronics devices. The case involved over 800 accused products, ranging from televisions to smartphones, BD players, projectors, and smart appliances. LG asserted four counterclaim patents in related technological areas. After approximately two years of active litigation, the parties resolved the matter through mediation after claim construction. 

Defended Licensee in Software License Audit and $20 Million Royalties Demand Brought by Dell: Provided defense of a software license audit and demand of $20 million in royalties brought by Dell and regarding calculation of royalties for software seat licenses. The firm reached a successful resolution of zero payment for licensee before litigation.

Appellate counsel for ATI Technologies ULC in appeals of inter partes review proceedings before the Federal Circuit.

Counsel for global e-commerce, merchandising, and online marketing firm in technology license dispute.

Counsel for national broadcasting companies in patent infringement cases relating to streaming multimedia content technology. 

Helferich Patent Licensing, LLC v. Best Buy: Defense counsel for Best Buy in a patent infringement case in the Northern District of Illinois involving social media and digital content delivery on mobile phones. A confidential resolution was reached prior to claim construction briefing.

Bluestone Innovations LLC v. Best Buy: Defense counsel in a patent infringement action in the Northern District of California relating to LED fabrication techniques in televisions. Secured a confidential settlement of all claims prior to the completion of claim construction proceedings.

Represented digital media company in a patent defense matter in the Eastern District of Texas relating to duplication of digital data transmitted via computer networks. Secured confidential settlement of all claims prior to completion of claim construction proceedings.

Lead counsel for respondent in application for asylum and withholding of removal proceedings before the United States Immigration Court. Secured grant of asylum in June 2015 at the conclusion of contested proceedings.

Pro bono representation of Tibetan monk seeking asylum in the United States. Secured grant of asylum from United States Immigration Court on political and religious grounds.

• Named a "North Star Lawyer" by the Minnesota State Bar Association for providing at least 50 hours of pro bono legal services (2014-2016)

Civic

• Friends of the Boundary Waters, Board of Directors
• Minnesota Chorale, Board of Directors (2011-2021)
• Home and Community Options Annual Fundraiser, Performing Artist (2006, 2011)

Professional

• American Bar Association
• Federal Bar Association
• American Intellectual Property Law Association
• Minnesota Intellectual Property Law Association
• Intellectual Property Owners Association (IPO): Software & Business Methods Committee Member

Speeches

• Strategies for Licensing AI: A Litigation Perspective
  Licensing Executives Society International, Minneapolis, Minnesota (December 12, 2024)

• From Licensing to Litigation: Strategies for Protecting Software IP Assets
  Panel Moderator, IPWatchdog Artificial Intelligence Masters™️ 2023, Ashburn, Virginia (March 7, 2023)

• Hindsight is 2020 - A Year of License Agreements in U.S. Courts Specific to Intellectual Property
  Panelist, Licensing Executives Society (LES) 2021 Annual Meeting, Webinar (September 27, 2021)

• Creating the Audit Clause for Today’s Compliance Review
  Panelist, International Business Software Managers Association (IBSMA), Webinar (April 28, 2021)

• The New Frontier of Software License Disputes
  Panelist, Minnesota CLE, Webinar (March 9, 2021)

• Anticipating Software License Disputes In Today’s Evolving Work-From-Home Model
  Co-Presenter, IBSMA, Webinar (April 23, 2020)

• How the Internet of Things and Artificial Intelligence Influence Patent Licenses
  2018 AIPLA Meeting, Washington, D.C. (October 25, 2018)
• Patent Panel
  The Future of IP and Technology Law Forum, Seattle, Washington (June 7, 2017)
• Technology License Disputes
  Webinar, Intellectual Property Owners Association (October 13, 2016)
• Revisiting No Challenge Clauses and Assessing At risk Licenses
  Intellectual Property Owners Association, Subcommittee on IP Licensing, Minneapolis, Minnesota (October 13, 2016)
• Recent Changes to U.S. Patent Laws and their Impact on Patent Licensing
  Panelist, Licensing Executives Society, Philadelphia, Pennsylvania (November 11, 2015)
• The Use of Surveys in Patent Litigation
  Webinar, Certified Patent Valuation Analyst (April 14, 2015)
• Leveraging Surveys in Patent Litigation
  Webinar, Strafford (August 6, 2014)
• Academic Technology Transactions: Ensuring That License Negotiations in the Boardroom Maximize Patent Value in the Courtroom
  Association of University Technology Managers, San Francisco, California (February 21, 2014)
• Strategic IP Monetization: Ensuring That Negotiations in the Boardroom Maximize Patent Value in the Courtroom
  Webcast, MN IP Institute (December 9, 2013)
• Strategic IP Monetization: Ensuring That Negotiations in the Boardroom Maximize Patent Value in the Courtroom
  CLE Presentation, Licensing Executives Society, Austin, Texas (November 22, 2013)
• Ensuring That Negotiations in the Boardroom Maximize Patent Value in the Courtroom
  Licensing Executives Society, Minnesota Chapter, Minneapolis, Minnesota (June 18, 2013)
• Persuasive Oral Advocacy — Real-Time Communication Skills for Attorneys
  Robins, Kaplan, Miller & Ciresi L.L.P., Minneapolis, Minnesota (March 14, 2013)
• Effective Appellate Oral Advocacy: Thinking on Your Feet
  The University of Minnesota Law School, Minneapolis, Minnesota (February 27, 2013)
• The Use of Consumer Surveys in Patent Cases for Damages Apportionment
  Licensing Executives Society, Anaheim, California (March 13, 2012)
• The Role of Consumer Surveys in Proving Patent Infringement Damages
  Minnesota CLE, Minneapolis, Minnesota (September 23, 2011)

Articles

• "Navigating Copyright Act Section 117 in Software Licensing and Litigation: The Often-Overlooked Copyright Infringement Exception," Westlaw Today (July 24, 2024)
• "Litigation Perspective: Strategies for Licensing Software that Leverages Artificial Intelligence," IPWatchdog (July 12, 2024)
• "Behind the Numbers: 2023 Patent Litigation Trends in the Western District of Texas," IAM (February 8, 2024)
• "Navigating the Legal Landscape: Generative AI and Copyright Law," The Robins Kaplan Quarterly (January 2024)
• "Recent Litigation Disputes Involving Generative AI: Considerations for Technology Owners Developing and Licensing AI Innovations," Westlaw Today (October 13, 2023)
• "Q&A: The Crossroads Where Generative AI Meets Copyright Law," Westlaw Today (October 9, 2023)
• "In No Uncertain Terms: Strategies For Assessing And Mitigating Risk In Technology And Software License Disputes," The Robins Kaplan Quarterly (October 2022)
• "Navigating Software License Disputes In The Continuing Work-From-Home World," The Robins Kaplan Quarterly (February 3, 2021)
• "Navigating Software License Disputes In Today’s Evolving Work-From-Home Paradigm," The Robins Kaplan Quarterly (April 1, 2020)
• "Navigating Software License Disputes: 5 Steps To An Amicable Resolution," Legaltech News (June 6, 2018)
• "Food And Beverage Industry Update: Trade Dress Protection For Craft Breweries," Food Manufacturing (April 2018)
• "The New Post-Issuance Procedures: The Pto's Final Rules On Discovery And Trial Practice,"  BNA Patent, Trademark & Copyright Journal (September 14, 2012)
• "Maximizing The Strength Of Intellectual Property In Today's Marketplace," The Licensing Journal (July 1, 2012)
• "Using Consumer Surveys To Prove Patent Infringement Damages At Trial," LJN The Intellectual Property Strategist (December 1, 2011)
• "The Role Of Consumer Surveys In Proving Patent Infringement Damages," Bloomberg Law Reports (November 2, 2011)

Media Mentions

• "How Robins Kaplan Helped Protect Minnesota Wilderness Area," Law360 (September 22, 2023)
• "Mining Company Loses Bid to Revive Minnesota Copper, Nickel Project," Reuters (September 7, 2023)