People

Heath A. Brooks

Special Counsel

Brooks, Heath A.

Heath Brooks' practice focuses on intellectual property litigation. He has represented clients across a broad array of technological fields, including internet content delivery networks, wireless communications, tire pressure monitoring systems, semiconductors, medical devices and pharmaceuticals. He has successfully represented clients in intellectual property matters at trials in the Central District of California, Eastern District of Texas, District of Delaware, District of New Jersey, Northern District of California and on appeal at the United States Court of Appeals for the Federal Circuit.

Mr. Brooks has extensive experience representing clients in inter partes review proceedings before the Patent Trial and Appeal Board, including briefing and oral argument. He has also represented clients in international arbitration proceedings relating to intellectual property disputes.

Mr. Brooks has represented pro bono clients in various appellate courts, including the United States Supreme Court and Illinois Supreme Court.

Mr. Brooks originally joined the firm in 2003, returning in 2006 following a clerkship with the Honorable Alice M. Batchelder of the United States Court of Appeals for the Sixth Circuit.

Experience

  • Represented patent owner in a series of IPR proceedings involving treatments for breast cancer.
  • Represented defendant/counterclaim plaintiff in a patent litigation in the Eastern District of Virginia relating to internet content delivery networks, including obtaining denial of summary judgment and arguing evidentiary motions at the pretrial conference.
  • Represented patent owner in a series of IPR proceedings in the PTAB relating to internet content delivery networks, including obtaining a final written decision confirming patentability of all challenged claims after presenting oral argument.
  • Represented plaintiff in a series of litigations relating to tire pressure monitoring systems, including two jury trials in the District of Delaware.
  • Represented appellee in a Federal Circuit appeal concerning powered-wheelchair technology.
  • Represented defendant in a patent litigation in the Western District of Tennessee and related IPR proceeding involving medical catheters, obtaining a final written decision of unpatentability from the PTAB.
  • Represented patent owner in an IPR proceeding involving a treatment for non-small cell lung cancer.
  • Represented respondent in an international arbitration relating to licensing of photolithography technology.
  • Represented plaintiff in a patent litigation relating to gastroesophageal reflux disease at trial in the District of New Jersey, achieving a record settlement of over two billion dollars.
  • Represented plaintiff in a patent litigation involving wireless technology in the Northern District of California, winning verdict of more than $100 million.
  • Represented patentee in an inventorship dispute involving a COX-2 therapy.
  • Represented patentee in multi-defendant Hatch-Waxman litigation in the District of Delaware related to proposed generic versions of a drug used to treat abnormal cholesterol levels.
  • Represented defendant in a patent trial in the Eastern District of Texas and on appeal to the Federal Circuit in a case involving retractable syringe technology.
  • Achieved infringement verdict and permanent injunction on behalf of plaintiff in a three-patent trial regarding wireless communication technology in the Central District of California; successfully defended result on appeal to the Federal Circuit.

Publications & News

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October 13, 2017

WilmerHale Secures $40M Win for Akamai Technologies Against Limelight Networks at Delaware Supreme Court

WilmerHale earned a significant victory for Akamai Technologies, Inc. when the Delaware Supreme Court affirmed the Delaware Chancery Court's dismissal of a lawsuit brought by Limelight Networks, Inc. that asserted breach of a settlement agreement between the parties, insuring that Akamai will continue to receive the remaining $40 million due in license payments.

October 8, 2014

Becton Dickinson Receives Successful Inter Partes Review Decision

On September 25, 2014, WilmerHale client, Becton, Dickinson and Company (BD), earned a significant victory in an Inter Partes Review (IPR) before the US Patent Office's Patent Trial and Appeal Board (Board) in the form of a Final Written Decision declaring unpatentable all challenged claims of US Pat. No. 5,704,914 (the '914 patent).

June 12, 2013

Pfizer Obtains $2.15 Billion Settlement from Teva and Sun for Infringement of Protonix® Patent

January 4, 2013

WilmerHale Announces the Elevation of Partners and Special Counsel

We are pleased to announce the elevation of our new partners and special counsel in 2013.

February 16, 2011

Firm’s Pro Bono Work Supports Efforts to Expand Pool of Adoptive Parents

For the past few years, WilmerHale attorneys have provided pro bono legal services to a number of organizations fighting laws in various states that restrict who may become a foster or adoptive parent.

December 9, 2009

WilmerHale Announces 2010 Promotions

WilmerHale is pleased to announce the firm's 2010 elevations, which will become effective on January 1, 2010. A full list of elevated partners and special counsel can be found at the end of this press release.

December 19, 2008

WilmerHale Wins Victory in Illinois Supreme Court Case

Case Concerning Governor Blagojevich’s 2005 Administrative Rule Surrounding “Emergency Contraception”

August 23, 2007

Three Important Victories for Broadcom in Litigation with Qualcomm

Bush Administration Upholds the ITC’s Ban On Imports of New Cell Phones Containing Some Qualcomm Microchips; Two Additional Qualcomm Patents Found Unenforceable; and Damages in Previous Case Are Doubled

May 29, 2007

Federal Jury Finds That Qualcomm Infringes Three Broadcom Patents

Jury Also Finds Patents Valid and Willfully Infringed

Practices

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Education

JD, cum laude, Harvard Law School, 2003, Senior Editor, Harvard Environmental Law Review; Editor, Harvard Journal of Law and Public Policy

BA, History and Political Science, summa cum laude, West Virginia University, 2000

Bar Admissions

District of Columbia

New York

Clerkships

The Hon. Alice M. Batchelder, US Court of Appeals for the Sixth Circuit, 2005 - 2006

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