Darrick J. Hooker

Partner

  • location icon Chicago, IL
    550 West Adams Street
    Chicago, IL 60661

Darrick Hooker is a partner in the Chicago office of Lewis Brisbois and a member of the following Business Practice Groups: Commercial Litigation, Intellectual Property & Technology, and Data Privacy & Cybersecurity Practices. Mr. Hooker is a counselor and a litigator with vast experience. Mr. Hooker routinely counsels and represents clients with a variety of intellectual property issues, including patent litigation and counseling relating to litigation, as well as trade secret, trademark and copyright issues. As a commercial litigator, Mr. Hooker counsels clients on complex matters including risk assessment, product liability, premises liability, and commercial agreements.  He also performs due diligence investigations in connection with licensing transactions, mergers, and acquisitions.

Mr. Hooker has extensive experience litigating both jury and non-jury cases encompassing a broad spectrum of technologies, including medical devices, pharmaceuticals, computer software, chemical compositions and processes, and mechanical devices. He has a reputation for developing an in-depth understanding of a client’s business and technology to successfully identify and manage global intellectual property assets such as licensing, and “freedom to practice” analyses of products, methods, and packaging. He also advises clients on entertainment matters, including licensing and branding issues.

Mr. Hooker is admitted to practice before the United States Patent and Trademark Office. 

Representative Cases

  • Ziebart International Corporation v. Z Technologies Corporation (E.D. Michigan). Represented Pure Asphalt Co., a leading developer, producer and supplier of high quality coatings for the construction/building and automotive/transportation industries, in a trade secret misappropriation suit, including other ancillary claims. Obtained judgment on the pleadings as to the trade secret misappropriation and declaratory judgment counterclaims. The court also granted the joint motion for partial summary judgment as to the count for partial disclosure and use of the proprietary formula. As a result, all claims against Pure Asphalt were dismissed.
  • Sturgis v. Mortimer Enterprise (N.D. Ga.) Represented Mortimer Enterprises in a trademark dispute involving the Sturgis Motorcycle Rally. Reopened and set aside a procedural default and obtained a denial of the plaintiff’s preliminary injunction motion. Successfully settled the matter after court-ordered mediation.
  • Union Carbide v. Shell Oil Co. (D.Del.). Represented Union Carbide in a case involving Union Carbide’s patent on ethylene oxide catalysts and processes for making ethylene oxide. Obtained a jury verdict in favor of Union Carbide and entry of a $153 million damages award. The Federal Circuit affirmed the judgment in Union Carbide’s favor and reversed a pre-trial ruling adverse to Union Carbide that had limited the scope of damages presented to the jury. The favorable appellate ruling exposed the defendant to substantially higher damages and the case settled favorably thereafter.
  • Ortho-McNeil v. Mylan (D.N.J.). Represented Johnson & Johnson’s Ortho-McNeil in an ANDA litigation over Topamax, a multi-billion dollar anti-convulsant drug. Obtained summary judgment on all claims, which was affirmed by the Federal Circuit.
  • PolyMASC v. Alza Corporation (D.Del.). Represented Johnson & Johnson’s Alza, Corporation, in a patent infringement case brought against Alza, involving its liposome-based cancer chemotherapy drug, Doxil®. Obtained favorable Markman ruling and summary judgment of non-infringement.
  • Szoka v Alza Corporation (N.D.Cal.). Represented Johnson & Johnson’s Alza Corporation in dispute over the inventorship and ownership of the patent on a liposome-based drug delivery system for the chemotherapy drug, Doxil®. One of the founders of the company that developed Doxil® claimed that he and the other plaintiff were the true inventors of the drug delivery system. In a bench trial in the Northern District of California, the district court ruled for Alza and its inventors on all issues.
  • McNeil v. Bayer Corporation (E.D. Pa.). Represented Johnson & Johnson’s McNeil Laboratories in a seven-week jury trial in an action asserting that Bayer’s gelcap product infringed McNeil’s patent. Obtained a jury verdict of infringement against Bayer and obtained an injunction leading to the removal of Bayer’s product from the market.
  • lnfuturia Global Ltd. v. Sequus Pharmaceuticals, Inc. (N.D. Cal.). Represented Johnson & Johnson’s Sequus Pharmaceuticals in an action brought against it for conversion and tortious interference of a license agreement related to patents and related patented technology regarding multi-million dollar liposome-based technology. Obtained motion to dismiss under 12(b) (6) and 12(b)(7), which was affirmed by the 9th Circuit.
  • Ravo et al. v. Ethicon Endo-Surgery, Inc. (W.DPa.). Represented Johnson & Johnson’s Ethicon in patent infringement action involving endoscopic surgical devices and surgical staplers. After Markman ruling, case settled favorably shortly thereafter.

Other Representative Legal Experience

  • Successfully negotiated resolution of patent infringement claim dispute resulting in extremely favorable terms for leading manufacturer.
  • Counseled leading drug manufacturer on patent issues involving development ­stage pharmaceuticals.
  • Successfully negotiated copyright licenses on behalf of non-for-profit organizations.
  • Successfully negotiated cease and desist agreement on behalf of client in trademark dispute.
  • Successfully defended client against claim of patent infringement prior to filing of complaint.
  • Successfully negotiated settlement of copyright infringement dispute over on behalf of preeminent publishing company over songs used in Michael Jackson production.

Professional Presentations

  • Upcoming “Ethical Issues in Patent Litigation,” Practising Law Institute 2017
  • "Ethics in the Practice of IP Law" Conference, John Marshall, 2017
  • “Ethical Issues in Patent Litigation,” Practising Law Institute 2016
  • “Ethical Issues in Patent Litigation,” Practising Law Institute, 2015
  • “Ethical Issues in Patent Litigation,” Practising Law Institute, 2014
  • “Branding in the Entertainment Industry,” July 2013
  • “Accounting for Attorneys,” Practising Law Institute, 2012
  • “Accounting for Attorneys,” Practising Law Institute, 2011
  • “Assessing the Patent Damages Landscape,” AICPA Conference, September 2011
  • “Permanent Injunctions in a Post Ebay Arena,” PLI, October 2009

Admissions

Illinois

U.S. District Court for the Northern District of Illinois

U.S. District Court Southern District of Indiana

U.S. Patent Bar

U.S. Court Of Appeals For the Ninth Circuit

U.S. Court Of Appeals For the Fifth Circuit

Eastern District of Michigan

United States Patent and Trademark Office

Associations

  • American Bar Association, Member
  • Chicago Bar Association, Member
  • American Intellectual Property Law Association, MemberBlack Entertainment and Sports Lawyers Association, Board of Directors
  • Free Spirit Media, Board of Directors
  • Leadership Greater Chicago, Fellow
  • Institute for Science Education & Technology, Board of Directors
  • Minority Legal Education Resource Program
  • Firehouse Community Arts Center, Board of Directors
  • National Association for the Advancement of Colored People ACT-SO Competition, Malcolm X College, Chicago, IL, Volunteer Judge

Awards & Honors

  • The National Black Lawyers Top 100, 2015
  • 40 Under Forty, Chicago Lawyer Magazine, 2014
  • Illinois Super Lawyers Rising Stars, 2011-2013
  • Who's Who in Black Chicago, Chicago's Counselors at Law, 2010
  • Stakeholder 100 Academy, 2007

Education

Indiana University Maurer School of Law, Bloomington, Indiana

Juris Doctor, 2000

  • Order of Barristers; Managing Editor, Indiana Journal of Global Legal Studies

University of Illinois, Urbana, Illinois

Bachelor of Science in Chemistry, 1997

University of Illinois, Urbana, Illinois

Bachelor of Arts in Latin, 1997

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