Juanita R. Brooks is a nationally recognized trial and appellate lawyer who specializes in complex intellectual property litigation, and was recently named “Litigator of the Year” by American Lawyer. 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.
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. With an average yearly caseload of over 20 active patent cases, Ms. Brooks’ complex litigation experience includes numerous cases involving intellectual property, product liability, and qui tam litigation. 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. 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.
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) Hatch Waxman case involving Allergan’s LUMIGAN 0.01%. Won bench verdict and injunction for Allergan.
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.