Brian K. Brookey

Brian Brookey focuses his practice on intellectual property (IP) litigation. He regularly represents clients in patent, trademark, copyright, and trade secret matters. He is also a skilled mediator in IP disputes.

Over his career, Brian has handled such cases in nearly two dozen states, in U.S. Courts of Appeals across the country, before the International Trade Commission, the Trademark Trial and Appeal Board, and the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office.

Brian’s client roster spans a wide range of industries nationally and globally, including apparel, architectural designs, automotive, computer software, construction, consumer products, electronics, lasers and lighting, medical devices, musical devices, nutritional supplements, photography, telecommunications, transportation services, and more.  

Practice Areas

Representative Matters

• Represents client in patent license dispute involving infection control technology used in health care settings
• Represented client in declaratory judgment action that led to a “trademark bully” dropping its claims after unsuccessfully seeking to dismiss or transfer action
• Represented plaintiff as lead counsel in a trade secret misappropriation case that resulted in a multimillion-dollar verdict after a five-day jury trial
• Defeated motion for preliminary injunction filed by a major audio equipment manufacturer, ultimately leading to a stipulated dismissal of the entire action
• 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

Prior Experience

• Tucker Ellis, Partner
• Christie, Parker & Hale, Partner
• Preston, Gates & Ellis, Attorney

Education

Admissions

Court Admissions

Awards

• Albert H. Parnell Outstanding Program Chair Award, Defense Research Institute (DRI)
• LGBTQ Pride Month Honoree, Los Angeles County Bar Association 

Professional & Community Involvement

• Constitution in the Classroom, Volunteer Instructor
• Defense Research Institute (DRI), Intellectual Property Litigation Committee, Chair Emeritus
• District of Columbia LGBTQ+ Bar Association
• Eduexplora Advanced Pre-College Program (Berkeley, CA), Instructor
• Intellectual Property Owners Association, Diversity and Inclusion Committee, Vice Chair
• International Trademark Association Saul Lefkowitz Moot Court Competition, Volunteer Judge
• National LGBTQ+ Bar Association
• ProVisors, Executive Committee of local chapter
• John’s Lafayette Square, Vestry Member, Co-Chair of St. John’s Pride
• U.S. District Court for the Central District of California, Volunteer Mediator

Press Releases