Brian W. LaCorte

Partner

lacorteb@ballardspahr.com
Tel 602.798.5449
Fax 602.798.5595
Phoenix

Brian W. LaCorte leads the firm’s Intellectual Property team in Phoenix. Nationally recognized as a preeminent intellectual property lawyer, he handles bet-the-farm patent litigation and high-profile infringement disputes with invaluable IP assets on the line.

Brian focuses on patent and trademark litigation, and many of his cases have made new law, as well as national headlines. He represents public and privately held companies across industry sectors, including technology, software, retail, automotive, and hospitality. He has litigated more than 100 IP matters and has a track record of success in state, federal, and appeals courts across the country—including in hotbeds of IP litigation like Delaware, Texas and California.

In the Eastern District of Texas, he obtained a walkaway result against a patent enforcement entity asserting a broad patent over common e-mail technology. In Los Angeles, he successfully represented The Hertz Corp. in a jury trial involving a significant trademark license/franchise dispute. 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 cert. by the Supreme Court, mooted several similar patent cases in Texas, California and Maryland.

Brian has achieved victory for clients through advantageous settlement and arbitration as well. In Parsons Xtreme Golf LLC v. Taylor Made Golf—where he represented PXG as plaintiff—he negotiated the successful settlement of a sprawling 23-patent suit involving novel club designs. Following a crushing dispositive motion brought on behalf of Discount Tire, he obtained a walkaway settlement against an adverse party that had obtained lucrative settlements in dozens of enforcement actions around the country. Most recently, Brian co-led a team that achieved an opening day of trial settlement in the midst of one of the first jury trials during the COVID-19 Pandemic.

Simply put, Brian is an extraordinarily skilled courtroom lawyer who is strategic, agile, and comfortable before juries and judges in federal jurisdictions around the country.

Representative Matters

Among the many notable cases in which Brian has appeared as lead counsel, he has represented national retailers, innovative startup companies, and large technology firms, including:

  • Arden Innovations v. Discount Tire (Western District of Texas) Secured voluntary dismissal of claims and early exit from national enforcement campaign centered in Waco against prominent automotive component suppliers and tire retailers.
  • Tellagemini Communication LLC v. GoDaddy (Western District of Texas) Obtained effective early outcome amidst numerous defendants pursuing expensive alternatives, avoiding litigation fight over highly questionable patents-in-suit.
  • Parsons Xtreme Golf LLC v. Taylor Made Golf Co. Inc. (District of Arizona) Achieved extraordinary settlement for Parsons Xtreme Golf LLC a patent infringement lawsuit against TaylorMade Golf Co. Inc. involving 23 patents for golf equipment.
  • GeoTag v. Discount Tire (EDTX and District of Arizona) Represented Discount Tire in complex bet-the-company patent litigation, with a nationally reported successful result involving a complete walkaway by plaintiff in the face of a summary judgment. Succeeded in extraordinary win transferring venue from the Eastern District of Texas to the District of Arizona, Discount Tire’s home turf.
  • GoDaddy v. Rpost International (District of Arizona) Won summary judgment in nationally followed declaratory judgment action concerning Section 101 unpatentability regarding several patents covering common business methods surrounding email technologies.
  • Acacia v. U-Haul; GeoTag v.U-Haul; Successfully represented U-Haul in software patent cases in the Eastern District of Texas and the Northern District of Georgia, obtaining substantial positive rulings and walkaway settlement.
  • The Reinalt-Thomas Corp. (Discount Tire) v. Mavis Tire Supply LLC. (U.S. District Court for the Northern District of Georgia) On behalf of Discount Tire, secured a preliminary injunction barring Mavis from using its name in Georgia and Florida locations. Made law in the Southeast protecting one of the Country’s most prominent trademarks.
  • BoxNic Anstalt v. Gallerie degli Uffizi, (Europe and District of Arizona). Secured final judgment and permanent injunction against unscrupulous European cyber squatter in internationally reported case that preserved ownership of the famous Uffizi trademark and Uffizi.com domain name in the renowned Florence Museum. Obtained full award of attorney’s fees for Uffizi.
  • Represented the National Football League in trademark enforcement programs relating to Super Bowls XXX and XLII. Represented the Phoenix Suns in patent litigation over season ticket renewal technologies and the New Orleans Pelicans in trademark litigation with very successful results in both cases. Represented the National Basketball Association in trademark enforcement during the NBA All Star Game in Phoenix, as well as Major League Baseball in commercial matters associated with All Star Game in Phoenix.

Judicial Externship

Hon. Glenn Archer, Jr., U.S. Court of Appeals for the Federal Circuit

Professional Activities

American Intellectual Property Law Association, member, Committee on Alternative Dispute Resolution

Arizona "Smart Beginnings" Task Force, member

Arizona Governor's Statewide Youth Development Taskforce, past member, Education Subcommittee

Association of Trial Lawyers of America/American Association for Justice, past member

Arizona Coalition to End Homelessness, past member

Recognition & Accomplishments

The Best Lawyers in America, intellectual property litigation, patent litigation, trademark law, 2009-2021; "Lawyer of the Year," Trademark Law (Phoenix), 2019

Named a "Southwest Super Lawyer" for excellence in intellectual property practice, 2007-2017

AV Peer Review Rating, and rated AV Preeminent® 5.0 out of 5 in Intellectual Property, Martindale-Hubbell, 2007-2020

Recipient of awards and recognition from the State Bar of Arizona and the Maricopa County Bar Association 

Speaking Engagements and Publications

Brian is frequently quoted in national and local media publications, such as American Lawyer, IP Law 360, and the Phoenix Business Journal concerning franchise and intellectual property issues.

"Real Estate Tax Assessment Appeals - Potential Opportunity Post-COVID-19," Ballard Spahr webinar, June 17, 2020

Co-author, "The Defend Trade Secrets Act Signed into Law," Ballard Spahr alert, May 11, 2016

Co-author, "President Obama Signs Defend Trade Secrets Act into Law," Ballard Spahr alert, May 11, 2016

Co-speaker, "Post-Grant Proceedings before USPTO's PTAB", Managing Intellectual Property International Patent Forum 2016, London, March 9, 2016

Co-author, "Fed Circuit Decision Gives Broad Patents New Concerns," Ballard Spahr Intellectual Property alert, June 19, 2015

Co-author, "Supreme Court Invalidates Software Patents in Alice Corp. Case," Ballard Spahr Intellectual Property alert, June 19, 2014

Co-author, "Supreme Court Rulings Expected To Curb Meritless Patent Litigation," Ballard Spahr Intellectual Property alert, April 30, 2014

Author, "Patent Litigation Reform Bill Passes U.S. House," Ballard Spahr Intellectual Property alert, December 6, 2013

Panelist, "Staying in Bounds: Understanding Today's Legal Landscape in Sports," Ballard Spahr webinar, November 5, 2013

Panelist, "International Business: Navigating Risk on the Road to Growth," Ballard Spahr, City National Bank, Eversheds, and McGladrey seminar, Las Vegas, June 22, 2012

Co-author, "Computer Fraud and Abuse Act Applies Only to Hackers, Not Thieving Workers, 9th Circuit Rules," Ballard Spahr alert, April 13, 2012

Emerging Copyright Issues in the Internet, National Education Telecommunications Association, 2000

Community Activities

St. Thomas More Society

Valley Leadership, Class XI, Alumnus

Valley Citizens League, Alumnus

Victory Together Campaign Committee for MLK, Jr. Holiday
State Bar Representative to Campaign

Board Memberships

Arizona State University, ex-officio member, Board of Trustees

Arizona State University Alumni Association, Chair, Board of Directors

Crisis Nursery, past executive board member

Southwest Human Development, past President

George Washington University Law School (J.D. 1988)
Recipient, Trial Lawyers' Award

Arizona State University (B.S., cum laude, 1985)

Arizona

U.S. District Court for the Western District of Texas

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Supreme Court