Brian Simmons

Brian E. Simmons focuses on all facets of intellectual property law, including patent and trade secret litigation; patent counseling; due diligence investigations for investments, acquisitions, and divestitures; technology transfers, joint developments, and other research agreements; licenses; transactions involving IP; and risk consulting.

Mr. Simmons has represented clients in a variety of matters in the chemical arts after serving as a senior research chemist prior to practicing law. His experience includes matters involving complex technologies such as ethylene oxide catalysts and processes; acetic acid catalysts and processes; polymerization catalysts, products, and processes; polymeric composites; coatings; film and fiber processing; oil and gas exploration and production; medical devices and related biologic compositions; pharmaceuticals; and herbicide formulations.

Mr. Simmons’ non-chemical experience includes interactive voice response systems, prepaid cellular telephone systems, semiconductor manufacturing processes, speech and audio compression technologies, and other computer and software-related technologies, as well as tool design and farming implements.

Mr. Simmons has substantial experience in all aspects of managing and preparing cases for trial, including pre-filing investigations and counseling, formulating case strategy, engaging in and directing all phases of discovery, retaining and working with expert witnesses, preparation and presentation of fact and expert witnesses, claim construction briefing, preparation of dispositive motions and appellate briefing.

Mr. Simmons also advises clients on their ability to practice their valuable technology and recognize potential competitive advantages and licensing and acquisition opportunities with their competitors. He has conducted intellectual property due diligence assessments of targets for acquisitions, licenses, and other transactions.

Mr. Simmons analyzes and prepares opinions regarding freedom to operate, patentability, and validity. He also advises clients on how to manage and assemble their patent portfolios. Prior to practicing law, Mr. Simmons worked for Dow Plastics from 1990 to 1995 as a senior research chemist in the areas of polymer design, polymer processing, and additives research.