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Brian K. Brookey

Partner
Los Angeles, CA | D 213.430.3377 | F 213.430.3409
overview

Brian Brookey focuses on intellectual property litigation, with expertise in patent, trademark, and copyright infringement, misappropriation of trade secrets, and unfair competition.

Brian litigates intellectual property matters in District Courts throughout the country, U.S. Courts of Appeal, and the International Trade Commission. He also has significant experience handling contested trademark matters before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office.

Brian represents a broad range of companies across numerous industries and technologies, including telecommunications, computer software, lasers, construction, lighting, medical devices, automotives, and electronic components.

Brian believes that one of the best parts of practicing law is learning about clients’ business and industries. Litigation should be a means to an end, and not the end itself. Brian has a proven track record of working with clients to protect not just their legal rights, but also their bottom lines.

When not working, volunteering, or spending time with his family, Brian enjoys travel, live theatre, and visiting California’s many fine wineries. And he rarely passes up the opportunity to perform karaoke.

education & admissions

education

  • University of California, Los Angeles School of Law (J.D., 1990); Moot Court Honors Board, President; Moot Court Honors Program, Distinguished Advocate; Constitutional Law, Teaching Assistant; Legal Research and Writing, Teaching Assistant
  • Pepperdine University (B.A. in English, magna cum laude, 1987)

state admissions

  • California, 1990

federal admissions

  • Supreme Court of the United States
  • United States Court of Appeals, Ninth Circuit
  • United States Court of Appeals, Federal Circuit
  • United States District Court, Central District of California
  • United States District Court, Eastern District of California
  • United States District Court, Northern District of California
  • United States District Court, Southern District of California
  • United States District Court, District of Colorado
  • United States District Court, Eastern District of Michigan
experience

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
  • Successfully represented manufacturer of premium denim apparel in International Trade Commission investigation alleging infringement of six patents covering laser technology
  • Secured injunctive relief against a company threatening to violate confidentiality and exclusivity agreements with respect to a new consumer product
  • As first-chair trial lawyer, prevailed in a multi-day arbitration seeking hundreds of millions of dollars in damages for alleged legal malpractice and breach of fiduciary duty
  • In an action alleging infringement of purported trade dress in an ultraviolet lamp, obtained summary judgment by establishing lack of trade dress protection
  • Defended major telecommunications company in patent infringement actions brought by patent holding company after prevailing on numerous jurisdictional challenges, motions to dismiss, and motions to compel
  • Obtained summary judgment of noninfringement in a longstanding patent infringement action against a major cosmetics company
  • Successfully represented recreational vehicle furniture manufacturer in patent infringement action against major RV manufacturers; secured favorable Markman ruling that led to beneficial settlement for client
  • Obtained summary judgment on behalf of custom wheel manufacturer sued for patent, trademark, and trade dress infringement
  • Successfully represented manufacturer of famous hot sauce in trademark infringement and breach of contract action
  • In a patent dispute, obtained dismissal of action seeking declaratory judgment of non-infringement on the grounds that the lawsuit was anticipatory and filed in the wrong forum
  • Secured favorable resolution for manufacturer of infection prevention product in action for breach of agreement resolving previous trademark infringement action
  • During trial in the Eastern District of Texas, negotiated a highly favorable settlement for a client sued for patent infringement in two separate actions by the same non-practicing entity
  • Defend numerous retailers, designers, and manufacturers in fabric copyright infringement actions
  • After defeating motion for summary judgment of infringement in a patent infringement action involving induction lighting technology, secured judgment that the asserted patent was invalid
publications & events

Speaking Engagements

  • "The Perils of Global Domination: Ethical Traps in the Age of the Mega-Firm," 2016 In-House Counsel Summit, Tucker Ellis LLP, Cleveland, Ohio (October 2016)
  • "The RevoLaze Case – Denim If You Do, Denim If You Don’t," Southwestern Law School Alumni Association, Los Angeles, California (May 2016)
  • "Good Things Come in Green Packages: Sustainability in the Supply Chain," Moderator, The Fashion Law Project Spring 2016 Symposium, Loyola Law School, Los Angeles, California (April 2016)
  • "Intellectual Property in the Fashion Industry: An Overview," Fashion Law Summer Intensive: Connecting Beyond the Commodity, Loyola Law School, Los Angeles, California (July 2015, July 2016)
  • "Supreme Repercussions: The Real-World Impact of the Alice and Octane Fitness Decisions," Hot Topics in Intellectual Property, Tucker Ellis LLP, Cleveland, Ohio (May 2015)
  • "Digitizing Your Supply Chain: How to Protect Your Brand While Moving Into the Fast Lane," Moderator, The Fashion Law Project Spring 2015 Symposium, Loyola Law School, Los Angeles, California (March 2015)

Publications

honors
affiliations
in the community

Civic & Professional Involvement

  • Los Angeles Intellectual Property Law Association
  • ITC Trial Lawyers Association
  • LGBT Bar Association of Los Angeles
    • Board Member (2007-2014)
    • Annual Gala Silent Auction Chair (2010-present)
  • Williams Institute Alumni Network Leadership Team
  • Williams Institute Moot Court Judge (2009-present)
  • Defense Research Institute, Intellectual Property Litigation Committee
    • Annual Seminar Chair (2017-2018)
    • Annual Seminar Marketing Chair (2015-2016)
  • California Fashion Association, Advisory Board
  • The Trevor Project
    • Development Committee (2010-present)
    • Spring Fundraising Chair (2013-2016)