Brian W. LaCorte

Brian distinguishes his practice with the successful defense of corporate clients in federal and state court litigation and appeals, as well as targeted prosecution of claims in business disputes concerning intellectual property, trade secrets, and breach of contract issues. He regularly prepares and argues dispositive and Daubert motions, manages discovery, coordinates expert witness development, and negotiates settlement agreements. Brian also has significant experience in appellate advocacy and alternative dispute resolution, including mediation and arbitration. His depth of involvement with patent and trademark litigation, most notably in preparing robust defenses for technology companies, reflects his understanding of all stages of the litigation life cycle.

In Delaware, Brian’s multiple jury trial experience in patent matters is a rarity.

In Arizona and New York, Brian’s successful patent invalidation in the USA DATA litigation was affirmed by the Federal Circuit and brought an end to the patent owner’s protracted licensing campaign. His defense of Carvana in the IBM S.D.N.Y. patent litigation brought favorable rulings and outcomes, disposing of a sprawling patent dispute involving lengthy court and parallel PTAB proceedings.

In the Northern District of Georgia, Brian obtained a victory for the prominent national retailer, Discount Tire, in a bet-the-company trademark case, Discount Tire v. Mavis Discount Tire. That win included securing an injunction covering nearly the entire country, all to prevent confusion and protect one of the most iconic trademarks in the U.S.

In the Western and Eastern Districts of Texas, Brian obtains walkaway results and nuisance settlements against patent enforcement entities asserting broad patents over common technologies. In Los Angeles, he successfully represented The Hertz Corporation in a jury trial involving significant trademark license/franchise disputes. In Arizona, he was first chair in GoDaddy v. RPost International, where the court granted summary judgment on Section 101 unpatentability regarding several patents covering email technologies. That win, which was affirmed by the Federal Circuit and was denied certiorari by the Supreme Court, mooted several similar patent cases in Texas, California, and beyond.

Brian has achieved victories for clients through advantageous settlement and arbitration as well. In Delaware, he led the team securing a favorable settlement for a prominent software company disposing of multi-year patent litigation. In Parsons Xtreme Golf LLC v. Taylor Made Golf—where he represented PXG as plaintiff—he negotiated the successful outcome of a sprawling 23-patent suit and 18 parallel IPRs involving golf club designs. Following a dispositive motion brought on behalf of Discount Tire, he obtained a walkaway settlement against an adverse party that had pursued lucrative settlements in dozens of other patent enforcement actions. Brian also co-led a team that achieved an opening day trial settlement in a technology dispute that marked one of the first jury trials during the COVID-19 pandemic.