Juanita R. Brooks, a Principal of the firm and an elected member of the firm’s Management Committee, is a nationally recognized trial and appellate lawyer who specializes in complex intellectual property, product liability, and mass tort litigation. In 2014, she was named “Litigator of the Year” by The American Lawyer. Ms. Brooks, called “a titan of the patent bar,” has been lead counsel in more than 13 patent trials over the past two years, and has handled more than 150 trials in her career. In 2016, she led a team that successfully defended one of the largest mass tort/wrongful death cases in the United States, which included 12,000 cases (some of them class actions representing hundreds of individual plaintiffs).
Ms. Brooks is a master storyteller, and paints pictures with words to explain the complex technologies that she handles to judges and juries in a way that is both understandable and compelling, and will be remembered throughout the trial. In 2016, Law360 named her an “Icon of IP” for her “skill at trying complicated patent cases without getting bogged down in the technical weeds” and said she is a “jury whisperer.”
Ms. Brooks is highly skilled at cases that rest in large part on expert analysis, testing, and testimony. Using the firm’s science and technology-intensive expertise, she crafts novel, outside the box legal strategies. Her ability to present and challenge expert testimony in court has been a decisive factor in courtroom victories. For example, in one case the trial judge noted that the opposing expert’s “credibility was eviscerated on cross-examination” by Ms. Brooks.
While she tries cases nationally, she is also very active in her local community and played a significant role in drafting the original and the subsequent amendments to local patent rules for the Southern District of California.
Because of Ms. Brooks’ well-known litigation success as well as her commitment to her community, she is consistently selected for national and local industry honors. Recently, Ms. Brooks was named an “Intellectual Property (IP) Trailblazer” by the National Law Journal (2016), a “Top 250 Women in IP” by Managing Intellectual Property (2016), and a “Trial Ace” by Law360 (2015). In addition to being named a “Litigator of the Year” by American Lawyer in 2014, Ms. Brooks was recognized by clients and peers as one of Benchmark’s 2014 “Top 250 Women in Litigation,” named “Star Attorney” in the IP section of the 2014 LMG Life Sciences North America, and named to the 2014 BTI Client Service All-Star list for being “a step ahead of the competition” and providing exceptional client service. In 2012 and 2013, Ms. Brooks was named an “Intellectual Property MVP” by Law360, and was selected as “Attorney of the Year” by The Recorder in 2010.
Ms. Brooks was the recipient of YWCA of San Diego’s “TWIN (Tribute to Women in Industry) Award” and San Diego Business Journal‘s “Women Who Mean Business Award”. In 2012, she was selected as a “Top Female Trial Attorney” by Law360 and as a “Woman Who Impacts San Diego” by SD Metro, which recognizes outstanding professionals who are making significant contributions to the community, and have name recognition in their professional community because of their success. In 2014, Ms. Brooks was also named one of San Diego’s “Best Attorneys” by The San Diego Metro, a “Top Woman Attorney” and one of the “Best of the Bar” by The San Diego Business Journal, and a “VIP Emeritus Top Attorney” by the San Diego Daily Transcript for having received the peer- nominated “Top Attorney” honor for four or more years. In 2016, she was named one of the “Top IP Lawyers in California” by the Daily Journal.
2016 – In re Fresenius GranuFlo/NaturaLyte Dialysate Products Liability Litigation (MDL) Served as lead counsel in a case in which Fish used its technical expertise to craft a novel defense strategy that brought a favorable global settlement of product liability mass tort litigation involving the use of acid concentrate products used during dialysis. The plaintiffs alleged that improper use of the product could result in sudden cardiac arrest. The settlement followed Fish’s strategic victory in a motion in limine and related Daubert motion to exclude, as unreliable science, faulty expert testimony and a complete defense verdict of no causation at the first and only bellwether trial.
2016 – Gilead Sciences Inc. v. Merck & Co. (N.D. Cal.) Served as lead counsel for Gilead in a case involving Gilead’s multi-billion dollar drugs Sovaldi and Harvoni which are cures for Hepatitis C. Initially, the jury sided with Merck finding the asserted claims were not invalid. However, in a June 2016 ruling, the judge agreed that Merck’s in-house lawyer’s misconduct involved “repeated and fabricated testimony and improper business conduct.” As a result, the court found Merck “guilty of unclean hands” and held Merck’s patents unenforceable against Gilead, wiping out the $200 million damages award.
2015 – Reihaney v. Fresenius (CDCA) Obtained jury verdict in favor of client Fresenius in wrongful termination suit brought by Fresenius’ former President of Research and Development. Reihaney claimed he had been terminated in retaliation for making complaints about alleged safety issues and alleged discrimination against women and minorities.
2014 – Fresenius v. Baxter (US Supreme Court) Writ of certiorari by Baxter denied, effectively ending this 10-year patent infringement litigation and scoring a complete victory for Fresenius. The petition was heralded as one of the top five to watch in 2014.
2014 – Allergan v. Sandoz, et. al. (EDTX and Federal Circuit Court of Appeals) Hatch Waxman case involving Allergan’s LUMIGAN 0.01%. Won bench verdict and injunction for Allergan. Judgment affirmed on appeal in 2015.
2013 – Gilead, Roche, Genetech v. Lupin (D.NJ) Settlement after a three-week patent infringement bench trial that will block Lupin’s generic version of Ranexa from entering the market until 2019.
2013– Fresenius v. Baxter (Federal Circuit Court of Appeals) Significant appellate decision in patent infringement case for Fresenius, ending long-standing litigation which included reexamination by the PTO.
2013 – Allergan, Inc. v. Sandoz Inc., et. al. (Federal Circuit Court of Appeals) Federal Circuit Court affirmed district court’s judgment in a precedential opinion involving Allergan’s drug COMBIGAN assuring exclusivity for the drug until 2022.
2012 – Multimedia Patent Trust v. LG Electronics, et. al. (SDCA) Defense of infringement claims of video compression patents involving multiple LG and another large technology company’s products. Won complete jury verdict with finding of no infringement on any patents.
2012 – Baxter International Inc., et al. v. Fresenius Medical Care Holdings Inc. (Federal Circuit Court of Appeals) Federal Circuit affirmed jury’s 2010 verdict of non-infringement of Fresenius’ peritoneal dialysis machine.
2011 – Allergan, Inc. v. Barr Laboratories, Inc., et. al., (D. Del.) Hatch-Waxman case involving Allergan’s drug, Lumigan®. Won bench verdict for Allergan.
2011 – Allergan v. Watson, et. al., (EDTX) Hatch-Waxman case involving Allergan’s drug, Combigan®. Won bench verdict for Allergan.
2010 – Gonzalez ex. rel. v. Dr. Alphonso Chavez and Fresenius Medical Care, (WDTX) qui tam case involving allegations of Medicare Fraud. Won jury verdict for Fresenius.
2010 – Cephalon v. Watson, et. al., (D. Del.) Hatch-Waxman case involving Cephalon’s drug, Fentora®. Won bench verdict for Cephalon.
2010 – Baxter and DEKA v. Fresenius, (NDCA) patent case involving peritoneal dialysis cyclers, won jury verdict for Fresenius
2010 – Eurand, Cephalon and Anesta v. Mylan and Par Pharmaceuticals, (D. Del.) Hatch-Waxman case involving Eurand’s drug, Amrix®. Represented Plaintiffs. District Court returned verdict for Defendants, but Federal Circuit reversed and entered judgment on behalf of Plaintiffs in a frequently cited precedential opinion.
2010 – BBraun v. Terumo, (D. Del.) patent infringement case involving safety IV catheter sets. Won jury verdict for Terumo.
2009 – Allergan v. Apotex et. al., (D. Del) Hatch-Waxman case involving Allergan’s drug Alphagan P®. Won bench verdict for Allergan.
2008 – MPT and Alcatel-Lucent v. Microsoft, (SDCA) patent case involving multiple technologies including video-compression and decompression software. Won jury verdict for Microsoft on three out of four patents, adverse verdict on one patent reversed by Federal Circuit.
2008 – MPT, Alcatel-Lucent v. Microsoft, (SDCA) patent case involving video-compression and decompression software in Windows Media Player, won jury verdict for client Microsoft. 2007 – MIT/Repligen v. ImClone, (D. Mass) represented MIT and Repligen, patent infringement case involving monoclonal antibodies. Case settled on morning of opening statements when ImClone agreed to pay MIT and Repligen $64 million.
2007 – Beckton Dickenson v. Tyco, (D. Del.) represented Tyco in patent infringement case involving safety syringes. Jury returned verdict for plaintiff, but Federal Circuit reversed jury’s verdict and entered judgment on behalf of Tyco.
2006 – Avid v. Datamars, (EDTX) patent infringement and Lanham Act case involving RFID technology, won jury verdict for client Avid. 2006 – Fresenius v. Baxter, (NDCA) patent case infringement case involving hemodialysis machines, won jury verdict for client Fresenius.
2005 – 3M v. Avery, (D. Minn.) patent infringement case involving graphic film, won jury verdict for client 3M.
2004 – KLA v. ADE, (D. Del.) patent infringement case involving laser inspection machines, won jury verdict for client ADE.
November 21, 2016
Fish & Richardson Announces Six Principals Named 2016 “Life Science Stars” by LMG Life Sciences
October 20, 2016
Daily Journal Names Fish & Richardson Principal Juanita Brooks to Top 100 List
October 20, 2016
Daily Transcript Names Fish & Richardson Principals Juanita Brooks, Roger Denning Among 100 Influential Leaders in San Diego
June 15, 2016
Fish & Richardson Announces Juanita Brooks and Ruffin Cordell Named to “Intellectual Property Trailblazers” List by The National Law Journal
June 7, 2016
Fish & Richardson Obtains Reversal of $200 Million Patent Verdict Against Gilead After Merck’s “Pervasive Pattern of Misconduct”
May 13, 2016
Fish & Richardson Announces Three Principals Named 2016 Global “Top 250 Women in IP” by Managing Intellectual Property
December 5, 2016
Juanita Brooks and Jon Singer profiled in National Law Journal's special report "High Stakes, Significant Victories"
September 28, 2016
Fish & Richardson Principals Juanita Brooks, Michael Headley Rank Among Daily Journal’s “Top IP Attorneys for 2016” List
June 29, 2016
Fish Receives Top Tier 1 National Rankings in Patent Prosecution and Patent Litigation from The Legal 500
June 15, 2016
Fish & Richardson Named to IAM Patent 1000 for National Patent Litigation and Prosecution Practices
June 8, 2016
Fish Receives Top “Band 1” National Rankings for Intellectual Property and ITC Practices in Chambers USA 2016
June 2, 2016
Fish & Richardson Announces 37 Attorneys Named “IP Stars” by Managing Intellectual Property Magazine