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brian-k-brookey

Brian K. Brookey

Brian Brookey specializes in intellectual property litigation, with expertise and success on behalf of both plaintiffs and defendants in patent, trademark, copyright, and trade secret litigation.

Brian’s practice is truly national in scope. He has litigated cases in approximately 20 states, and he has clients in even more locations, including internationally. He also handles matters in U.S. Courts of Appeal from coast to coast and before the International Trade Commission and 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, apparel, lighting, medical devices, automotives, consumer products, musical devices, and electronic components.

Brian brings client-focused, cost-effective strategies to every case. At the beginning of a litigation matter, he develops clear objectives with the client. He then works toward meeting those objectives without unnecessary and expensive tactics that don’t advance the client’s cause. Perhaps the best compliment Brian ever received from a client was that he brought a level of creativity to resolving a seemingly intractable dispute that the client could not imagine receiving from any other lawyer. Brian brings that creativity, along with zealous advovacy and legal skill, to each matter he takes on.

Brian is a strong advocate for increasing diversity, equity, and inclusion in the legal community at large, and within the IP field especially. Brian has written and spoken on the topic, and holds a leadership position within the Diversity and Inclusion Committee of the Intellectual Property Owners Association. Brian is particularly proud of his role as founder and chair of lgbTE, Tucker Ellis’s LGBTQ+ affinity group.

When not working, Brian can usually be found traveling (or planning a trip), attending live theatre, reading Pulitzer Prize-winning literature, watching British detective dramas, or, at minimal prompting, performing karaoke.

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, District of Colorado
United States District Court, Eastern District of California
United States District Court, Eastern District of Michigan
United States District Court, Northern District of California
United States District Court, Southern District of California
  • Represented plaintiff as lead counsel in a trade secret misappropriation case that resulted in a multimillion-dollar verdict after a five-day jury trial
  • 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 and negotiated a favorable settlement after multiple mediation sessions
  • 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
  • Within the course of four months, obtained temporary restraining orders in three different cases involving allegations of trade secret theft by former employees and contractors

Speaking Engagements

  • VLSI Technology v. Intel : Sometimes the Zombie Wins,” Cleveland Metropolitan Bar Association (April 2021)
  • “How Allyship Advances Diversity & Inclusion in the Legal Profession: Part 3 – Practical Tips for Pulling It All Together,” Intellectual Property Owners Association (March 2021)
  • “Civil Liberties-Focused Supreme Court Term in Review,” Panelist, 2020 In-House Counsel Summit Webinar, Tucker Ellis LLP (November 2020)
  • Title VII & LGBTQ Employees: Which Way Will the Post-Kennedy Supreme Court Swing?” Tucker Ellis lgbTE presentation (May 2020)
  • “Attorneys’ Fees: Laying the Groundwork for a Successful Motion,” DRI Intellectual Property Litigation Seminar, Austin, Texas (May 2019)
  • “‘It Gets Better, Doesn’t It?’ Recent Developments in LGBT Workplace and Public Accommodations Protection,” 2018 In-House Counsel Summit, Tucker Ellis LLP, Cleveland, Ohio (October 2018)
  • “Ethical and Practical Considerations in Building a Diverse Intellectual Property Practice,” materials co-authored for DRI Intellectual Property Litigation Seminar, Denver, Colorado (April 2018)
  • “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

  • Albert H. Parnell Outstanding Program Chair Award, Defense Research Institute (DRI) (2018)
  • LGBTQ Pride Month Honoree, Los Angeles County Bar Association (2018)
  • United States District Court, Central District of California
    • Mediation Panel (July 2021-June 2023)
  • Los Angeles Intellectual Property Law Association
  • LGBT Bar Association of Los Angeles
    • Board Member (2007-2014)
    • Annual Gala Silent Auction Chair (2010-2014)
  • National LGBT Bar Association
  • Williams Institute Alumni Network Leadership Team
  • Williams Institute Moot Court Judge (2009-present)
  • DRI, Intellectual Property Litigation Committee
    • Vice Chair (2020-present)
    • Membership Chair (2018-2020)
    • Annual Seminar Chair (2017-2018)
  • Intellectual Property Owners Association
    • Patent Litigation Committee
    • Diversity and Inclusion Committee
      • Pride and Allies Resource Group, Co-Chair
  • International Trademark Association
    • Saul Lefkowitz Moot Court Competition, Volunteer Judge (2020-present)