Law School: Yale
College: San Diego State University
July 2013 -- Allergan Inc. v. Sandoz Inc. et al. Brooks maintained patent protection for Allergan over its glaucoma drug Combigan, which has $200 million in annual sales. The court found Allergan’s claims in four patents valid and infringed by four generic drug makers, preventing the generics companies from selling their own version until 2022.
July 2013 -- Fresenius USA, Inc. et al v. Baxter International et al. This appellate decision was heralded for clarifying the long-standing question of whether an Article III court – the Federal Circuit – will give effect to an invalidity determination initiated by an administrative agency – the Patent Office. After 10 years, two trials, three Federal Circuit appeals and a reexamination at the USPTO, Brooks’ client Fresenius was freed of $120 million in liability.
August 2013 -- Gilead Sciences et al v. Lupin LTD. Brooks successfully settled this three-year patent infringement dispute (after a three-week bench trial) for clients Gilead and Roche regarding a generic version of Gilead’s Ranexa drug with $372 million in annual sales. The settlement will allow generic versions on the market three months before the patents expire May 2019.
January 2014 -- Allergan, Inc. v. Sandoz Inc., et al. Brooks’ win for Allergan blocks competitors from selling a generic version of Lumigan 0.01 percent glaucoma treatment, which has $500 million in annual sales, until 2027.
Brooks is a principal in Fish & Richardson's Southern California office. She has a nationwide trial practice, specializing in complex intellectual property litigation. Brooks assisted in drafting the local patent rules for the Southern District of California.
Brooks’ litigation experience includes numerous cases involving intellectual property, product liability and qui tam litigation. She was a trial attorney with the Federal Defenders of San Diego Inc. from 1977 to 1980 and has been listed in Best Lawyers in America since 1987.
In 2014 Brooks was named a “Litigator of the Year” by American Lawyer. She was also recognized by clients and peers as one of Benchmark’s 2014 “Top 250 Women in Litigation,” named “Star Attorney” in the IP section of the 2014 LMG Life Sciences North America and named to the 2014 BTI Client Service All-Star list for being “a step ahead of the competition” and providing exceptional client service. In 2011, 2012 and 2013, Brooks was named an “Intellectual Property MVP” by Law360. In 2009, she was named to the Minority Corporate Counsel Association's national list of "Leading Law Firm Rainmakers." MCCA chose just 14 attorneys for this honor, and Brooks is one of four women on the list.
Founding member, Wallace Inn of Court (2005 to present); board member and pro bono counsel, Western Center on Law & Poverty (2005 to 2013).
Brooks grew up in Sunnymead, Calif., a small farming community, where she lived with her single mother and sister. To make ends meet, Brooks’ family took in laundry and ran a home-based daycare center. She entered Yale Law School at age 20. She is the mother of two grown children and lives in La Jolla.