Brooks, Heath A.

Heath A. Brooks

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.

Insights & News

Credentials

  • Education

    • JD, Harvard Law School, 2003

      cum laude Senior Editor, Harvard Environmental Law Review; Editor, Harvard Journal of Law and Public Policy
    • BA, History and Political Science, West Virginia University, 2000

      summa cum laude
  • Admissions

    • District of Columbia

    • New York

  • Clerkships

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

Credentials