Juanita Brooks

Law School
Yale Law School

Major Cases
2014 -- Allergan Inc. v. Sandoz Inc. et al
Juanita Brooks maintained patent protection for Allergan over its glaucoma drug Combigan, which has $200 million in annual sales. The District Court for the Eastern District of Texas found Allergan’s claims in four patents valid and infringed by copies of Combigan that four generic drug makers, Sandoz, Alcon, Apotex, and Watson, sought to market under the Hatch-Waxman Act.  The Federal Circuit agreed in a precedential opinion that one key patent was valid and infringed.  That patent will prevent the generics companies from selling their own version of the drug until 2022.

2014 -- Allergan, Inc. v. Sandoz Inc., Lupin Ltd., et al
Brooks won this important Hatch-Waxman case for Allergan that blocks competitors from selling a generic version of Lumigan 0.01 percent glaucoma treatment until 2027. As part of the ruling, the court permanently enjoined the defendants from the commercial manufacture, use, offer to sell and/or sale of their proposed generic products in, as well as the import of those products into the U.S. or its territories. In May of 2015, Brooks argued before the Federal Circuit on behalf of Allergan opposing the defendants’ appeal.

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 re-examination at the USPTO, Brooks’ client Fresenius was freed of $120 million in liability.

Professional Background
Brooks is a principal in Fish & Richardson's Southern California office. She has a nationwide trial practice, specializing in complex patent and intellectual property litigation. Brooks assisted in drafting and subsequently updating 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 then became the first Hispanic woman in private practice in San Diego. 

In 2014 she 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 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. She has been listed in Best Lawyers in America since 1987.

Professional Affiliations
Founding member, Wallace Inn of Court (2005 to present); board member and pro bono counsel, Western Center on Law & Poverty (2005 to 2013).

Personal Background
Brooks grew up in Sunnymead, California, 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.