
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
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.
Insights & News
Media Mentions
27, October 2025
Honors and Awards
03, April 2026
Patrick M. Ryan Recognized as a Daily Journal Leading Commercial Litigator
Speaking Engagements
14, April 2026
Honors and Awards
27, March 2026
Media Mentions
16, April 2026
An Nguyen Ruda Named Dual Finalist for Law.com's 2026 Women, Influence & Power in Law Awards
Press Release
17, December 2025
Honors and Awards
26, November 2025
Patrick M. Ryan Named to Daily Journal’s 2025 “Top Antitrust Lawyers” List
Media Mentions
30, May 2025
Honors and Awards
23, September 2025
Patrick M. Ryan Earns Repeat Recognition as 2025 Top 100 Lawyer
Honors and Awards
01, January 2025
Bartko Pavia Earns Recognition in 2025 Best Law Firms® Rankings
Press Release
14, May 2025
Bartko Pavia’s Patrick M. Ryan obtains $222 million jury verdict against Walmart
Press Release
23, December 2025
Speaking Engagements
30, January 2026
An Nguyen Ruda Joins Panel on Law Firm Governance and Organizational Structure
Press Release
31, May 2019
Bartko Pavia Firm Obtains $845,114,000 Judgment for ASML Against XTAL, Inc.
Media Mentions
05, February 2024
Speaking Engagements
20, February 2026
An Nguyen Ruda Discusses Building Authentic Culture at Bartko Pavia LLP
Speaking Engagements
17, February 2026
Giovanni Spinelli Presents at Milan Bar Seminar on Judicial and Prosecutorial Independence
Media Mentions
13, February 2026
AI and the Human Premium: An Nguyen Ruda on the Legal Late Night Podcast
Honors and Awards
08, November 2023
Press Release
11, March 2022
Bartko Pavia Scores Huge Defense Jury Verdict in $411 Million Sutter Health Antitrust Class Action
Press Release
07, February 2023
Press Release
30, October 2025
An Ruda Serves as Judge at the Berkeley Female Founders & Funders Summit
Honors and Awards
17, May 2023
Media Mentions
27, October 2025
Honors and Awards
03, April 2026
Patrick M. Ryan Recognized as a Daily Journal Leading Commercial Litigator
Speaking Engagements
14, April 2026
Honors and Awards
27, March 2026
Media Mentions
16, April 2026
An Nguyen Ruda Named Dual Finalist for Law.com's 2026 Women, Influence & Power in Law Awards
Press Release
17, December 2025
Honors and Awards
26, November 2025
Patrick M. Ryan Named to Daily Journal’s 2025 “Top Antitrust Lawyers” List
Media Mentions
30, May 2025
Honors and Awards
23, September 2025
Patrick M. Ryan Earns Repeat Recognition as 2025 Top 100 Lawyer
Honors and Awards
01, January 2025
Bartko Pavia Earns Recognition in 2025 Best Law Firms® Rankings
Press Release
14, May 2025
Bartko Pavia’s Patrick M. Ryan obtains $222 million jury verdict against Walmart
Press Release
23, December 2025
Speaking Engagements
30, January 2026
An Nguyen Ruda Joins Panel on Law Firm Governance and Organizational Structure
Press Release
31, May 2019
Bartko Pavia Firm Obtains $845,114,000 Judgment for ASML Against XTAL, Inc.
Media Mentions
05, February 2024
Speaking Engagements
20, February 2026
An Nguyen Ruda Discusses Building Authentic Culture at Bartko Pavia LLP
Speaking Engagements
17, February 2026
Giovanni Spinelli Presents at Milan Bar Seminar on Judicial and Prosecutorial Independence
Media Mentions
13, February 2026
AI and the Human Premium: An Nguyen Ruda on the Legal Late Night Podcast
Honors and Awards
08, November 2023
Press Release
11, March 2022
Bartko Pavia Scores Huge Defense Jury Verdict in $411 Million Sutter Health Antitrust Class Action
Press Release
07, February 2023
Press Release
30, October 2025
An Ruda Serves as Judge at the Berkeley Female Founders & Funders Summit
Honors and Awards
17, May 2023
Media Mentions
27, October 2025
Honors and Awards
03, April 2026
Patrick M. Ryan Recognized as a Daily Journal Leading Commercial Litigator
Speaking Engagements
14, April 2026