Alexander (“Lex”) Brainerd is well known for his ability to master complex facts quickly and to thoroughly assess the strengths and weaknesses of all parties’ positions, the result of having served as lead trial counsel in over thirty trials. He has used these skills successfully as a neutral in well over 100 ADR engagements, including mediations, arbitrations, and special master assignments.
Mr. Brainerd has practiced law for four decades and has developed a broad range of experience with various types of litigation. Most recently, his practice focused on intellectual property litigation with an emphasis on patent trials. He also has significant experience in complex commercial, professional malpractice, and construction matters. Mr. Brainerd has an in-depth understanding of various types of technology as it relates to intellectual property cases, including biotechnology, medical devices, semiconductors, telephony, broadband DSL, software, computer, and industrial equipment.
ADR Experience and Qualifications
- Mediated over 100 cases on a wide range of subjects, with special emphasis on intellectual property and complex commercial matters, as a privately retained mediator and as a member of the Early Neutral Evaluation and Mediation Panels of the U.S. District Court for the Northern District of California
- Appointed as a Special Master to resolve all discovery and pretrial disputes in a patent and trade secret case pending in the U.S. District Court for the Northern District of California. He also acted as a Special Master to resolve the terms and conditions of a license agreement and all pretrial disputes in an antitrust action relating to computer hardware and software technology.
- Served as an arbitrator on numerous occasions in cases concerning a wide range of commercial disputes
Representative Mediations
Mr. Brainerd has mediated a range of patent cases related to:
- Biotechnology
- Medical devices
- Semiconductors
- Wireless communications
- Business methods
- Computer technology
- Electronic cables and connectors
- Construction methods and techniques
- Features of heavy equipment
- Golf equipment
Mr. Brainerd has also mediated several commercial cases involving issues such as breach of contract, professional malpractice. securities, real estate, and transfer of technology
Representative Arbitrations
Mr. Brainerd has arbitrated numerous business and commercials matters, most recently serving as an arbitrator in the following cases involving:
- Alleged breach of franchise agreement relating to the distribution of artwork
- Failed solar energy business in Israel
- Attorney malpractice case arising from patent litigation
- Alleged breach of contract action arising from the sale of semiconductor equipment
- Dispute between a homeowner and a condominium homeowners association
Special Master Assignments
- Special Master to resolve all discovery and pretrial disputes in a patent and trade secret case pending in the U.S. District Court for the Northern District of California
- Special Master to resolve the terms and conditions of a license agreement and all pretrial disputes in an antitrust action relating to computer hardware and software technology
Representative Litigation
As a trial lawyer, Mr. Brainerd handled the following representative matters.
- Patent infringement case involving pulse oximeters for measuring oxygen levels
- Patent infringement case involving tissue expanders used in connection with breast reconstructive surgery
- Patent infringement case involving DNA microarray technology
- Patent litigation under the Hatch Waxman Act involving a pharmaceutical formulation
- Patent litigation involving the removal of pollutants from diesel exhaust using non-thermal plasma technology
- Patent and antitrust litigation arising from certain patents relating to ADSL high-speed modem technology
- Patent litigation involving the application of superconductor technology to the transmission and filtering of wireless telephone transmissions
- Patent infringement litigation regarding three patents covering various aspects of field programmable logic technology
- Trade secret litigation involving the design of an expandable coronary stent
- Trade secret litigation concerning thin film head and disk drive technology
- Breach of contract and misappropriation of trade secrets case relating to ultra high molecular weight polymer technology
- Breach of contract action arising from the sale of automated blood separation technology
- Breach of contract and misappropriation of trade secret case relating to high-speed modems
- Breach of contract action arising out of a stock option agreement
- Fraud, breach-of-contract, and breach-of-fiduciary duty action concerning the securitization of sub-prime loans
- Breach of contract action against general contractor concerning the construction of major multi-use project in San Francisco