Brian A. E. Smith

Partner

Overview
Credentials
Experience
Insights
Publications

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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

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

Bartko 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 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

Insights & News

Speaking Engagements

04, September 2025

An Nguyen Ruda and Josiah Jenkins Present for the San Francisco Employer Advisory Council

Bartko Pavia's CEO & Co-Managing partner An Nguyen Ruda and associate Josiah Jenkins will present for the (SF EAC) California Employer Advisory Council on DEI: A New Four-Letter Bad Word and What It Means in this New Environment on September 11th, in San Francisco. This seminar features discussions on the latest legal changes impacting DEI programs, compliance strategies and risk-reduction tacticsand how to design DEI initiatives that align with today’s shifting landscape

Learn more