Darrick J. Hooker

Darrick Hooker is an intellectual property attorney and commercial litigator who advises companies on the development, protection, commercialization, and enforcement of intellectual property. His practice focuses on patent litigation and counseling, as well as trade secret, trademark, copyright, and commercial disputes. He also advises clients on entertainment law matters involving intellectual property, licensing, publishing, branding, and rights of publicity.

Darrick works with companies to manage intellectual property assets throughout their lifecycle, from development and licensing to acquisitions, enforcement, and litigation. He counsels clients on intellectual property licensing, due diligence, risk management, corporate governance, compliance, and intellectual property issues arising in mergers and acquisitions. He also conducts patentability, validity, non-infringement, and freedom-to-operate analyses and advises clients on patent portfolio acquisitions, licensing strategies, and product clearance.

His experience spans a broad range of industries, including medical devices, pharmaceuticals, healthcare, software, chemicals, manufacturing, renewable energy, utilities, automotive, transportation, and industrial technologies.

As a trial lawyer, Darrick represents clients in patent, trade secret, trademark, copyright, and complex commercial litigation in state and federal courts. He develops case strategy, manages discovery, handles claim construction (Markman) proceedings, prepares and examines witnesses, and represents clients through trial and appeal.

In addition to his intellectual property practice, Darrick litigates commercial disputes involving cybersecurity, product liability, premises liability, and breach of contract.

• Secured dismissal of all claims in a high-stakes trade secret misappropriation lawsuit involving proprietary industrial coating technology, obtaining judgment on the pleadings and partial summary judgment on key trade secret and declaratory judgment claims.
• Successfully defended a company in a high-profile trademark dispute involving rights associated with a nationally recognized motorcycle rally, overturning a procedural default, defeating a preliminary injunction request, and negotiating a favorable settlement through mediation.
• Obtained a jury verdict and $153 million damages award in a landmark patent infringement case involving ethylene oxide catalyst technology. Successfully defended the judgment on appeal while expanding the scope of recoverable damages, leading to a favorable post-appeal resolution.
• Won summary judgment in a Hatch-Waxman (ANDA) patent litigation involving a blockbuster pharmaceutical, preserving valuable patent rights. The victory was affirmed by the U.S. Court of Appeals for the Federal Circuit.
• Secured judgment in a complex patent ownership, inventorship, and infringement dispute involving innovative liposome-based drug delivery technology for a leading chemotherapy treatment.
• Obtained a jury verdict of patent infringement following a seven-week trial involving pharmaceutical delivery technology, resulting in a permanent injunction that removed the competing product from the marketplace.
• Successfully obtained dismissal of claims involving alleged conversion and tortious interference related to patented pharmaceutical technology and licensing rights. The dismissal was affirmed by the U.S. Court of Appeals for the Ninth Circuit.
• Represented a medical device manufacturer in a patent infringement dispute involving endoscopic surgical devices and surgical staplers, achieving a favorable resolution shortly after a claim construction (Markman) ruling.
• Negotiated a highly favorable resolution of a patent infringement dispute on behalf of a leading manufacturer, avoiding protracted litigation while protecting valuable intellectual property.
• Advised a leading pharmaceutical company on complex patent issues involving the development and protection of pipeline pharmaceutical products.
• Successfully negotiated copyright licensing agreements on behalf of nonprofit organizations, enabling the lawful use of protected creative works while minimizing legal risk.
• Negotiated a favorable cease-and-desist agreement that resolved a trademark dispute and protected the client’s brand rights without litigation.
• Successfully defended a client against threatened patent infringement claims, resolving the matter before a complaint was filed and avoiding costly litigation.
• Negotiated a favorable settlement of a copyright infringement dispute involving the use of musical works in a major entertainment production on behalf of a leading publishing company.