Brooke Wilner is an Intellectual Property & Technology litigation counsel in O’Melveny’s Washington, DC office. Brooke leverages her experience as a former Federal Circuit clerk to advise clients on all stages of patent litigation, from pre-filing investigation through fact and expert discovery, trial, and particularly on appeal. Brooke has an engineering background, and routinely works on technical matters involving the semiconductor, software, medical device, aerospace, and automotive industries. She has represented clients before the Federal Circuit, the International Trade Commission (ITC), numerous district courts, and the Patent Trial and Appeal Board (PTAB). Brooke also advises clients on trade secret and trademark cases.
Brooke also maintains an active pro bono practice, often focusing on matters affecting veterans, for which she has been recognized on the Capital Pro Bono Honor Roll.
Prior to joining O’Melveny, Brooke clerked for Judge Kara Farnandez Stoll at the Federal Circuit. Brooke also practiced intellectual property litigation at global law firms.
- Represented international software company in defending two favorable decisions regarding global positioning technology on appeal to the Federal Circuit, resulting in affirmances (Fed. Cir.)
- Defended a leading semiconductor company in ITC Section 337 investigation involving methods of manufacturing transistors
- Defended a medical device company in ITC Section 337 investigation involving MRI-compatible implantable medical devices through evidentiary hearing, leading to favorable settlement
- Defended pharmaceutical research and development biotechnology company in ITC Section 337 investigation involving recombinant protein product
- Defended international electronics company in multiple ITC Section 337 investigations regarding touchscreen and video processing technologies; obtained dismissal and favorable settlements in each investigation
- Represented semiconductor lithography company in district court litigation involving photoresist technology; obtained favorable settlement following fact discovery and preliminary injunction briefing (D. Del.)
- Defended international consumer products company against action seeking to preliminarily restrain the enforcement of its patent rights, leading to agreed dismissal with prejudice (S.D.N.Y.)
- Defended quartz surfaces supplier in litigation relating to designed processed slabs, including related inter partes review proceedings; secured favorable settlement after institution of review on all asserted patents (W.D. Tex., PTAB)
- Represented aerospace company in litigation regarding aircraft interior design technologies, including related inter partes review proceedings and Federal Circuit appeals; obtained dismissal and favorable settlement (C.D. Cal., PTAB, Fed. Cir.)
- Defended international lodging company in trademark litigation relating to the hospitality industry (N.D. Ga.)
Admissions
Bar Admission
- District of Columbia
- Georgia
Court Admissions
- US Court of Appeals, Federal Circuit
- USPTO
Education
- Georgia State University, J.D.: cum laude, highest Pro Bono & Public Service distinction; Assistant Editor, Georgia State University Law Review; The Order of Barristers; Intellectual Property Fellowship; Moot Court Board
- Georgia State University, M.A., English
- North Carolina State University, B.S., Aerospace Engineering, B.A., English Literature: cum laude, Caldwell Fellow; Goodnight Scholar; Benjamin Franklin Scholar
Professional Activities
Judicial Clerkship
- The Honorable Kara Farnandez Stoll, US Court of Appeals, Federal Circuit
Internship
- US Attorney’s Office, Civil Division, Northern District of Georgia
- US Attorney’s Office, Computer Crimes and Monetary Penalties Divisions, Western District of Missouri