|
|
|
Brookey, Brian K.
|
|
|
Partner
|
|
|
Pasadena
|
|
|
(626) 795-9900
|
|
|
brian.brookey@cph.com
|
|
|
Litigation
|
|
|
Biography
Brian K. Brookey has been a litigator during the entire course of his career, and practices in the firm's Pasadena office. Mr. Brookey specializes in intellectual property litigation. Mr. Brookey handles lawsuits at the trial and appellate level involving claims of patent, trademark, and copyright infringement, misappropriation of trade secrets, and unfair competition. He also has significant experience handling contested trademark matters before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office.
Admitted
- State Bar of California, 1990
- U.S. District Court, Central , Northern and Southern Districts of California
- U.S. District Court, District of Colorado
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Supreme Court
Education
- J.D. degree from UCLA School of Law, 1990
- B.A. degree magna cum laude in English from Pepperdine University, 1987
Professional Activities
- State Bar of California
- Los Angeles Intellectual Property Law Association (Board of Directors, 2007-2009)
- Board of Governors, Lesbian & Gay Lawyers Association of Los Angeles
Representative Publications and Presentations
- What You Need to Know About Electronic Discovery, Pasadena Bar Association, 2007
- Write Like A Person, Not Like A Lawyer, CPH Associate Training Seminar, 2007
Representative Matters
- Obtained summary judgment of noninfringement, and a subsequent award of attorneys' fees against plaintiff and its attorneys, in action alleging infringement of several patents relating to the manufacture of blankets.
- In an action alleging among other things infringement of purported trade dress in an ultraviolet lamp, obtained summary judgment of noninfringement by establishing that no trade dress protection existed.
- Defended major telecommunications company in patent infringement and related actions brought by patent holding company. After prevailing on numerous jurisdictional challenges, motions to dismiss, and motions to compel, and defeating abuse of process and anti-SLAPP claims, negotiated very favorable settlement for client.
- Represent cosmetics company that markets well-known beauty products in longstanding patent infringement action, and obtained summary judgment of non-infringement with respect to one of the patents at issue.
- Defeated motion for temporary restraining order brought by Las Vegas casino, which led plaintiff to immediately seek a settlement.
- Successfully represented manufacturer of famous hot sauce in trademark infringement and breach of contract action.
- Successfully represented recreational vehicle furniture manufacturer in patent infringement action against major RV manufacturers. Secured very favorable Markman ruling that led to beneficial settlement agreement for client.
- Opposed a motion to dismiss under the "first to file rule" in which client filed a trademark infringement action several months after the opposing party filed a declaratory judgment action. Convinced the court that the declaratory judgment action was an anticipatory lawsuit and that the infringement action should be allowed to proceed.
- During trial in the Eastern District of Texas, part of negotiating team that obtained a highly favorable settlement on behalf of client who had been sued for patent infringement in two separate actions by the same patent holding company.
- Successfully defended retailers, designers, and manufacturers in numerous fabric copyright infringement actions.
|
