Bradley Roush

Partner

Brad Roush is an intellectual property lawyer whose primary focus is on electromechanical patent and trade secret litigation. He is a partner in the firm’s IP Litigation Practice.

Brad has extensive experience in all phases of intellectual property litigation. This experience includes International Trade Commission (ITC) Section 337 investigations, U.S. district court litigations, Customs and Border Protection (CBP) ruling requests, inter partes reviews before the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board, Federal Circuit appeals, and U.S. Supreme Court appeals. He has argued before the ITC, district courts, CBP, and the Federal Circuit. He also examined and defended numerous witnesses — both at trial and deposition.

Brad has litigated patents and trade secrets related to a wide array of technologies. Such technologies include LED lighting, home security and automation, semiconductor materials, oil and gas equipment, computer gaming, food processing, narcotics and explosives detection, automotive, and pharmaceuticals.

Representative Experience

  • Represented home security company in an ITC Section 337 Investigation involving home security and automation products. The investigation was terminated as a result of a summary determination of no infringement in the client’s favor.
  • Acted as first-chair, on behalf of the petitioner, in ruling request before CBP regarding scope of ITC Section 337 exclusion order. The matter settled before a ruling was issued.
  • Represented lighting manufacturer in a multi-patent ITC Section 337 Investigation involving LED lighting devices. Successfully obtained final determinations of no violation for three of the patents, including the vast majority of accused products.
  • Represented an oil field tool company in all of stages of a patent litigation that involved both a district court case and inter partes review. The sole asserted patent was invalidated by the PTAB in a ruling that was affirmed by both the Federal Circuit and Supreme Court.
14 December 2023 Events

Navigating Clean Beauty: Fine Lines and Wrinkles with Regulatory and IP Strategies

Join us for a timely and comprehensive analysis of the clean beauty industry with Foley Fashion, Apparel & Beauty (FAB) attorneys and special guest, Claire Bing of Confiance Cosmetic Group LLC.
11 April 2023 Manufacturing Industry Advisor

Automation, Electrification, and Connectivity: The Auto Industry in the ITC

Automakers and their suppliers have long been participants in unfair trade investigations before the ITC brought pursuant to 19 U.S.C. § 1337 (Section 337 investigations), but the scope and subject matter of automotive-related investigations is evolving.
01 February 2023 Press Releases

Foley Elects 23 New Partners

Foley & Lardner LLP is proud to announce the election of 23 lawyers to its partnership, effective February 1, 2023.
25 January 2023 IP Litigation Current

ITC Practice and Procedure: Form of Witness Testimony

Over the past five years, five of the six Administrative Law Judges at the International Trade Commission have retired and four new ALJs have been appointed.
13 October 2022 Article

Timing Considerations for Section 337 Investigations & IPRs

In June 2022, US Patent and Trademark Office Director Katherine Vidal released a guidance memorandum significantly limiting the circumstances in which the Patent Trial and Appeal Board (PTAB) should exercise its discretion to deny institution under Fintiv.
13 October 2022 In the News

Foley Attorneys Author Article on “Timing Considerations for Section 337 Investigations & IPRs”

Foley & Lardner LLP Senior Counsel Brad Roush and Partners George Beck and Liane Peterson authored the Bloomberg Law Professional Perspectives article, “Timing Considerations for Section 337 Investigations & IPRs,” about what respondents should be aware of before filing a petition for inter partes review (IPR), specifically surrounding the timing and process leading up to the final written decision.