Brandon Baum

Brandon Baum

Trial Attorney
  • Intellectual Property
  • California
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Brandon Baum has served as lead trial counsel in patent, copyright, and trade secret cases, and has also handled numerous mediations and arbitrations, both as a party advocate and a neutral. Brandon has extensive experience litigating business disputes, with trial experience in diverse fields such as aircraft design, bankruptcy, and wrongful death. An AV-rated attorney and "Super-Lawyer," Brandon has tried dozens of cases to verdict, and was an equity partner at two AmLaw 50 law firms before leaving BigLaw to pursue more entrepreneurial ventures. Brandon also served as an adjunct professor at U.C. Hastings, teaching a course in patent litigation. He is a court-appointed Early Neutral Evaluator for patent cases in the Northern District of California, and a regular contributor to PLI's Patent Law Practice Center.

Practice Area
Intellectual Property
Additional Practice Areas
  • Business Litigation
  • Trial Attorney
  • Contingent Fees
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Jurisdictions Admitted to Practice
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Federal Courts
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U.S. Supreme Court
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Professional Experience
Court-appointed Mediator
Northern District of California
Adjunct Professor of Law
UC Hastings
University of California - Berkeley
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University of California College of the Law, San Francisco
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Super Lawyers
AV Preeminent (Top 1%)
Martindale Hubbell
Legal Answers
2 Questions Answered
Q. If a magic trick is being sold by someone else, can I make that same gimmick and sell it as my own?
A: While I don't know the specific gimmick, the general rule in the U.S. is "yes." Unless it is patented (very unlikely for a magic trick) or copyrighted (available only for the "patter" or pantomime surrounding the trick), then it is free to copy for anyone who knows the secret. Apparently France is more protective of its artists and magicians, as David Copperfield successfully sued a copyist in France over his flying trick.
Q. Are there any legal cases related to an unpatented idea being stolen?
A: Sure, it is usually in the trade secret context. One of the more notorious trade secret matters in recent memory was Avant!'s misappropriation of Cadence's trade secrets. After many years of litigation, 7 Avant! executives pleaded no contest to felony trade secret misappropriation and the company was ordered to pay $182 million in restitution to victim Cadence. A Google search of "Cadence Avant!" will turn up many cases and references.
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Contact & Map
Baum Legal
Silicon Valley, CA, USA
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