D. Randall Brown

  • 888 S. Harrison Street
    Suite 600
    Fort Wayne, IN 46802

Randy Brown serves as managing partner of the firm's Fort Wayne, Indiana, office and is a trial attorney concentrating his practice in complex commercial litigation. His cases are varied ranging from class actions to shareholder and contract disputes and patent, trademark, copyright, trade secrets, and unfair competition claims. Since joining Barnes & Thornburg in 1990, Randy has tried dozens of cases throughout the country and has acted as lead appellate counsel in multiple appeals in Indiana and at the Federal Circuit Court of Appeals.

Since 2007, Randy has been recognized on The Best Lawyers in America list in multiple practice areas, including "Bet-the-Company" Litigation, Commercial Litigation, Patent Litigation, and Intellectual Property Litigation. Best Lawyers also recognized Randy as the 2012 Lawyer of the Year in the area of Bet-the-Company Litigation in Northern Indiana. Randy has also been identified in Indiana Super Lawyers and is AV rated by Martindale-Hubbell.

Select Lead Counsel Experiences:

  • Recently achieved a favorable settlement within 90 days of engagement as successor counsel in a patent infringement matter involving pump technology. 
  • Presently defending multiple consumer class action claims as national coordinating discovery counsel in the life insurance industry. 
  • Currently defending a putative class action involving alleged junk faxes under the TCPA.
  • Secured jury verdict in favor of life insurance company on keyman insurance claim. 
  • Defeated motion to certify a 30 state damages class in a class action lawsuit brought against a life insurance company.
  • Defended public utility in multi-million dollar dispute with municipality over termination of 35 year lease of electric distribution/transmission system. Guided client through state court and agency litigation while managing media relations in widely publicized dispute. Achieved settlement of claim once valued at over $100 million at de minimis cost to company.
  • Obtained summary judgment of non-infringement for manufacturer of slide gates used in steel industry affirmed by the U.S. Court of Appeals for the Federal Circuit within seven days of oral argument.
  • Obtained a trademark infringement judgment and permanent injunction for a staffing company client against a direct competitor in a new market that the client was entering.
  • Defended Fortune 500 manufacturer of cutting and drilling equipment in trade secrets dispute with competitor. Defeated motion for injunction, leading to early and cost-effective settlement.
  • Obtained summary judgment of non-infringement for manufacturer of complex robotics used in the automotive industry. Successfully defended the judgment on appeal to the Federal Circuit.
  • Trial verdict for commercial furniture manufacturer in action seeking to enforce contractual right of first refusal related to sale of business.
  • Defended Fortune 500 member of joint venture in dispute with other member surrounding integrated supply services provided to large manufacturers. Achieved favorable settlement after early depositions led to detailed counterclaims.
  • Counseled manufacturer of component parts through true "bet the company" litigation over UCC warranties against infringement asserted by customers who paid in excess of a billion dollars to resolve patent infringement claims. Linked modest settlements to future business resulting in significant increase in client's sales and bottom line.

Randy frequently presents on the use of technology at trial, trial techniques and substantive issues relating to IP and commercial litigation.

Randy received his B.S. from Manchester University in 1987 and has served as chair of the Board of Trustees of his alma mater for three years. In 1990, he received his J.D., magna cum laude, from the Indiana University School of Law – Indianapolis, where he served as an associate editor on the Indiana Law Review. He is admitted to practice in Indiana, and before the U.S. Court of Appeals for the Seventh and Federal Circuits, the U.S. District Court for the Eastern District of Wisconsin, and the U.S. District Court for the Eastern and Western Districts of Michigan.