Brian Eutermoser

• BASF Corporation v. Ingevity Corp. (District of Delaware) – trial counsel for BASF in jury trial of antitrust counterclaims that resulted in an $85 million judgment, after invalidating competitor's patent on summary judgment
• Skillz Platform Inc. v. AviaGames Inc. (Northern District of California) – trial counsel for Skillz, securing a $43 million jury verdict in a patent infringement trial against an online gaming competitor
• Webroot, Inc. v. CrowdStrike Holdings (Western District of Texas / PTAB) – represented Webroot and Open Text in 11 district court actions and 42 PTAB proceedings involving enterprise cybersecurity patents
• Fisher & Paykel Healthcare v. Flexicare Inc. (Central District of California) – counsel for defendant in a competitor patent case regarding respiratory products
• Beijing Choice Elec. Tech. v. Contec Medical Systems (Northern District of Illinois) – represented Contec in a competitor dispute involving fingertip pulse oximeter patents
• Medline Industries v. C.R. Bard (Northern District of Illinois) – litigation counsel for Medline in multiple district court actions involving urology products and procedures
• Carnegie Mellon University v. LSI Corporation (Northern District of California) – successfully defended LSI against a $1 billion damages claim in semiconductor patent litigation
• Panasonic Holdings v. Getac Technology (Central District of California) – trial counsel for Getac in a design patent case concerning ruggedized laptop technology
• Attentive Mobile v. Stodge Inc. d/b/a Postscript (District of Delaware) – litigation and IPR counsel for Attentive in multiple cases relating to text-based marketing patents
• Open Text v. Box.com (Northern District of California) – trial counsel for Open Text in a patent infringement action involving cloud storage systems
• Finjan v. Palo Alto Networks (Patent Trial and Appeal Board) – counsel for Palo Alto Networks in inter partes review proceedings involving malware detection software
• St. Lawrence Communications v. Motorola Mobility (Eastern District of Texas) – trial counsel for Motorola in a patent case involving speech coders used in cellular communications
• HSM Portfolio v. Qualcomm (District of Delaware) – litigation counsel for Qualcomm in a patent case involving semiconductor and chipset technology
• Enfish, LLC v. Microsoft Corp. (Central District of California) – counsel for plaintiff in a database software patent case that produced one of the first post-Alice Federal Circuit decisions finding software claims patent-eligible
• Yeda Research v. ImClone Systems (Southern District of New York) – represented plaintiff in an inventorship case that effectively transferred ownership of cancer treatment patents from ImClone to Yeda

Brian Eutermoser helps companies across the technology, industrial, and consumer sectors protect their most valuable intellectual property. He leads high-stakes patent litigation and PTAB proceedings, guiding clients through complex disputes involving hundreds of millions of dollars in potential exposure across industries including medical devices, enterprise software, automotive, and consumer electronics.

At trial, Brian has helped secure significant results for clients, including a $43 million jury verdict in a patent infringement case against an online gaming competitor and an $85 million antitrust judgment following invalidation of a competitor's patent on summary judgment. He also focuses on patent damages strategy, advising clients on case valuation, managing damages-related discovery and expert coordination, and developing arguments that significantly reduce potential exposure.

Brian has served as lead counsel in more than 70 PTAB proceedings in recent years, representing both patent owners and petitioners. He has achieved institution denial rates well above the national average, helping clients eliminate or narrow invalidity challenges before they reach trial. His PTAB experience spans inter partes reviews, post-grant reviews, and coordinated strategies linking Board proceedings with parallel district court litigation.

Brian's technology experience covers medical devices, enterprise hardware and software, wireless communications, optics, semiconductors, cybersecurity, consumer electronics, automotive emissions, and marketing and gaming platforms. In addition to patent disputes, he handles trade secret, antitrust, and complex commercial litigation in federal and state courts, and has experience with cross-border IP disputes.

Before joining King & Spalding, Brian practiced at Cooley LLP, Brownstein Hyatt Farber Schreck, and Weil, Gotshal & Manges, building a foundation in patent and complex commercial litigation. He holds a J.D. from New York University School of Law and a B.S. in Mathematics and Physics-Engineering from Washington and Lee University.