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Brooke Myers Wallace

Brooke
Wallace

Associate Attorney

CONTACT INFO

bwallace@gibsondunn.com

TEL:+1 213.229.7074

FAX:+1 213.229.6074

Los Angeles

333 South Grand Avenue, Los Angeles, CA 90071-3197 USA

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PRACTICE

Litigation Class Actions Crisis Management Fashion, Retail and Consumer Products Intellectual Property Life Sciences Media, Entertainment and Technology Privacy, Cybersecurity and Data Innovation White Collar Defense and Investigations

BIOGRAPHY

Brooke Myers Wallace is a senior associate in the Los Angeles office of Gibson, Dunn & Crutcher, and a member of the Litigation and Intellectual Property Departments.  Her practice focuses on the tech industry.  She has extensive experience in state and federal court.

Ms. Wallace has represented high-profile clients in the tech industry in a variety of lawsuits and government inquiries on a wide range of issues including patent, copyright, and trademark infringement; data privacy; trade secret misappropriation; consumer fraud; product liability; and attorneys’ fees.

Trial Experience

  • Secured a $7.9 million jury verdict and a $3.6 million directed verdict against Monster LLC on behalf of Beats Electronics in California state court.
  • Two-week jury trial in the Central District of California; represented a medical device company asserting claims of trade secret misappropriation, breach of contract, and interference with prospective economic advantage.
  • First chair in bench trial.  Successfully obtained permanent restraining order for pro bono client.

Other Representative Accomplishments

  • Decreased confidential client’s damages exposure by 25% by persuading Northern District of California court to reject district precedent on patent marking.
  • Persuaded first Northern District of California court, and only the second court in the country, to exclude survey-based valuation of a patent, reducing client’s damages exposure by $62 million.
  • Convinced first ever district court to extend Federal Circuit precedent to exclude economic model used to value patent, reducing client’s damages exposure by 80% ($335 million).
  • Persuaded Eastern District of Texas court to preclude plaintiff from touting at trial the results of prior successful litigation against her client, leading to a favorable settlement days before trial.
  • Invalidated three patents based on claim construction that established patents did not cover client’s sophisticated computing products.
  • Negotiated a favorable consent judgment with the Federal Trade Commission on behalf of a confidential client in a data privacy case.

Publications and Presentations

  • Author, “Clarity at Long Last: Post-Verdict Compensatory Patent Infringement Damages,” Patent, Trademark, & Copyright Journal (Bloomberg BNA, September 15, 2017).
  • Author, “How to Get a Patent Survey Kicked Before Trial,” Law360 (August 16, 2017).
  • Author, “The Continued Relevance of the Intellectual Property Umbrella: What Patent, Copyright, and Trademark Lawyers Can Learn from One Another,” Patent, Trademark, & Copyright Journal (Bloomberg BNA, August 8, 2017).
  • Co-author with William C. Rooklidge, “Patent Assignments and Licenses: The Grant Clause and Related Patents,” Patent, Trademark, & Copyright Journal (Bloomberg BNA July 13, 2017).
  • Author, chapter on patent law in Fashion Law and Business: Brands and Retailers, by Lois F. Herzeca and Howard S. Hogan (Practising Law Institute (2013).
  • Co-author with Jennifer Reardon, “Non-Party . . . Party? When It Comes to Deleted ESI, Is There a Difference Anymore?” (Bloomberg BNA 2014).
  • Co-presenter with Dana Lynn Craig, “What Is E-Discovery?” (Orange County Bar Ass’n 2017).
  • Author, “Treaties and Federal Question Jurisdiction: Enforcing Treaty-based Rights in Federal Court,” Loyola of Los Angeles L.R. (2007).
  • She is also a regular contributor to the firm’s client alerts relating to intellectual property and e-discovery law developments.

Ms. Wallace earned her law degree in 2008 from Loyola Law School, where she graduated magna cum laude and Order of the Coif.  She served as an Editor of the Loyola of Los Angeles Law Review.  Ms. Wallace received a Bachelor of Arts degree in 2002 from Brown University with a major in Environmental Studies.

Ms. Wallace is admitted to practice in the State of California.  She is also admitted to practice at the Federal Circuit, and in the Central and Northern Districts of California and the Eastern District of Texas.

EDUCATION

Loyola Marymount University - 2008 Juris Doctor

Brown University - 2002 Bachelor of Arts

ADMISSIONS

California Bar

RECENT PUBLICATIONS

Client Alert - April 21, 2020 | Artificial Intelligence and Automated Systems Legal Update (1Q20)
Article - September 15, 2017 | Clarity at Long Last: Post-Verdict Compensatory Patent Infringement Damages
Article - August 8, 2017 | The Continued Relevance of the Intellectual Property Umbrella
Article - July 14, 2017 | Patent Assignments and Licenses: The Grant Clause and Related Patents
Client Alert - February 3, 2017 | U.S. District Court for the Northern District of California Approves Changes to Its Patent Local Rules
Client Alert - July 15, 2015 | 2015 Mid-Year E-Discovery Update
Client Alert - May 5, 2014 | To Institute or Not to Institute IPR? That Question Is Not Immediately Reviewable by the Federal Circuit
Client Alert - May 2, 2014 | Supreme Court Changes Standard for Award of Attorneys’ Fees in Patent Cases Pursuant to Section 285
Client Alert - April 26, 2012 | Non-Party…Party? When it Comes to Deleted ESI, Is There a Difference Anymore?
Client Alert - July 22, 2011 | 2011 Mid-Year E-Discovery Update
Client Alert - January 13, 2011 | 2010 Year-End Electronic Discovery and Information Law Update
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