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  3. | Brian A. E. Smith

Brian A. E. Smith

Partner

San Francisco

  • 415.956.1900
  • 415.291.4548
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  • Overview
  • Credentials
  • Experience
  • Insights
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Brian A.E. Smith is a Partner of Bartko Pavia LLP in the Litigation Practice. With over 30 years of trial experience, Brian has a long track record of achieving results in intellectual property, trade secrets, and commercial litigation. His practice concentrates in representing clients before district courts and courts of appeal in complex intellectual property cases involving a wide range of technologies, including electronics, software, mechanics, cybersecurity, and internet search technology.

Brian’s practice has also included complex business litigation, including trade secret, antitrust, and unfair competition litigation. Brian has significant trial experience and has served as primary or co-lead counsel in numerous high stakes patent litigation matters in a variety of jurisdictions, including Texas, California, Illinois, and Florida. He has served as primary or co-lead counsel in five jury trials in the Eastern District of Texas, winning all five of them – four plaintiff’s verdicts and one defense verdict. Brian also counsels companies on patent licensing and patent portfolio analysis. Additionally, Brian has been recognized as a Northern California “Super Lawyer” for the last twelve years.

Credentials

Education

  • University of Minnesota Law School, J.D.
  • University of Minnesota, B.A., magna cum laude, Phi Beta Kappa

Bar Admissions

  • State Bar of California
  • State Bar of Texas

Court Admissions

  • Supreme Court of California
  • Supreme Court of Texas
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Fourth Circuit
  • United States Court of Appeals for the Federal Circuit
  • United States District Court for the Northern District of California
  • United States District Court for the Eastern District of California
  • United States District Court for the Central District of California
  • United States District Court for the Southern District of Texas
  • United States District Court for the Eastern District of Texas

Recognitions

  • Northern California Super Lawyer (2013-2025)

Experience

Brian was part of the trial team that obtained an $845 Million judgment for ASML in one of the largest trade secret trial victories in US history (see attached  Daily Journal and The Recorder articles), resulting in the Bartko firm being ranked as Number 3 in the Top 100 Verdicts  – published by The National Law Journal (June, 2019) – and having the highest ranked intellectual property victory in the United States. See attached award from the National Law Journal. In addition, the California Daily Journal’s Top Verdicts publication named the case the highest Intellectual Property and Trade Secrets victory in California for 2019 and the second highest judgment overall for 2019.

Insights

Press Release

14, May 2025

Bartko Pavia’s Patrick M. Ryan obtains $222 million jury verdict against Walmart

Press Contact

Press Release

19, February 2020

Patrick M. Ryan Scores Largest IP and Trade Secrets Victory in California for 2019 and 2nd Highest Overall Verdict According to the California Daily Journal

February 19, 2020 – Bartko Pavia scored the highest Intellectual Property and Trade Secrets victory in California in 2019 and was ranked Number 2 overall in the California Daily Journal’s Top Verdicts by Dollar in California for 2019. In May of 2019, Bartko secured an $845,114,000.00 victory in Santa Clara County Superior Court.The trial team from Bartko was led by Patrick M. Ryan, and he and Stephen Steinberg, Sean McTigue, and Brian Smith examined witnesses and gave argument during the trial, supported by Bartko attorneys Joseph Fraresso, Alden Lee, and Chad DeVeaux.

Honors and Awards

30, June 2019

Bartko Pavia Ranked Number 3 in The National Law Journal Top 100 Verdicts

Bartko Pavia ranked Number 3 in the Top 100 Verdicts for 2018 published by The National Law Journal (June, 2019) and had the highest ranked intellectual property victory in the United States for 2018. In November 2018, with a final un-appealed judgment entered in May of 2019, Bartko Pavia secured an $845,114,000.00 victory in Santa Clara County Superior Court. (See attached award from the National Law Journal).

Publications

  • ‘‘IP Law: Year in Review 2010.” American Corporate Counsel (ACC), San Francisco Bay Area Chapter, November 2010. Presented with James C. Pistorino.

Areas of Focus

Practices

  • Intellectual Property
  • Litigation

Industries

  • Technology

Insights & News

Press Release

30, October 2025

An Ruda Serves as Judge at the Berkeley Female Founders & Funders Summit

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Honors and Awards

17, May 2023

Patrick M. Ryan Ranked Top IP Lawyer

Learn more

Media Mentions

27, October 2025

Steve Vieux Featured in Law360 Coverage of the California Lawyers Association’s Golden State Institute

Learn more

Honors and Awards

26, November 2025

Patrick M. Ryan Named to Daily Journal’s 2025 “Top Antitrust Lawyers” List

Learn more

Honors and Awards

23, September 2025

Patrick M. Ryan Earns Repeat Recognition as 2025 Top 100 Lawyer

Learn more

Media Mentions

30, May 2025

Zest Labs $222M Verdict Gains Widespread Media Coverage

Learn more

Honors and Awards

01, January 2025

Bartko Pavia Earns Recognition in 2025 Best Law Firms® Rankings

Learn more

Press Release

31, May 2019

Bartko Pavia Firm Obtains $845,114,000 Judgment for ASML Against XTAL, Inc.

Learn more

Press Release

01, August 2025

Bartko Pavia Continues Strategic Expansion with Addition of Antitrust Partner Ian Papendick

Learn more

Media Mentions

05, February 2024

Bartko Pavia Obtains Defense Win in Uber Trade Secret Case

Learn more

Honors and Awards

24, January 2024

Patrick M. Ryan Named Leading Commercial Litigator

Learn more

Press Release

14, May 2025

Bartko Pavia’s Patrick M. Ryan obtains $222 million jury verdict against Walmart

Learn more

Honors and Awards

08, November 2023

Bartko Pavia Ranked Top Litigation Boutique

Learn more

Press Release

11, March 2022

Bartko Pavia Scores Huge Defense Jury Verdict in $411 Million Sutter Health Antitrust Class Action

Learn more

Press Release

07, February 2023

Bartko Pavia Clients Win $680 Million Francesca Naify Case

Learn more

Press Release

30, October 2025

An Ruda Serves as Judge at the Berkeley Female Founders & Funders Summit

Learn more

Honors and Awards

17, May 2023

Patrick M. Ryan Ranked Top IP Lawyer

Learn more

Media Mentions

27, October 2025

Steve Vieux Featured in Law360 Coverage of the California Lawyers Association’s Golden State Institute

Learn more

Honors and Awards

26, November 2025

Patrick M. Ryan Named to Daily Journal’s 2025 “Top Antitrust Lawyers” List

Learn more

Honors and Awards

23, September 2025

Patrick M. Ryan Earns Repeat Recognition as 2025 Top 100 Lawyer

Learn more

Media Mentions

30, May 2025

Zest Labs $222M Verdict Gains Widespread Media Coverage

Learn more

Honors and Awards

01, January 2025

Bartko Pavia Earns Recognition in 2025 Best Law Firms® Rankings

Learn more

Press Release

31, May 2019

Bartko Pavia Firm Obtains $845,114,000 Judgment for ASML Against XTAL, Inc.

Learn more

Press Release

01, August 2025

Bartko Pavia Continues Strategic Expansion with Addition of Antitrust Partner Ian Papendick

Learn more

Media Mentions

05, February 2024

Bartko Pavia Obtains Defense Win in Uber Trade Secret Case

Learn more

Honors and Awards

24, January 2024

Patrick M. Ryan Named Leading Commercial Litigator

Learn more

Press Release

14, May 2025

Bartko Pavia’s Patrick M. Ryan obtains $222 million jury verdict against Walmart

Learn more

Honors and Awards

08, November 2023

Bartko Pavia Ranked Top Litigation Boutique

Learn more

Press Release

11, March 2022

Bartko Pavia Scores Huge Defense Jury Verdict in $411 Million Sutter Health Antitrust Class Action

Learn more

Press Release

07, February 2023

Bartko Pavia Clients Win $680 Million Francesca Naify Case

Learn more

Press Release

30, October 2025

An Ruda Serves as Judge at the Berkeley Female Founders & Funders Summit

Learn more

Honors and Awards

17, May 2023

Patrick M. Ryan Ranked Top IP Lawyer

Learn more

Media Mentions

27, October 2025

Steve Vieux Featured in Law360 Coverage of the California Lawyers Association’s Golden State Institute

Learn more

View all Insights

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