Monique Drake is a partner in Gibson, Dunn & Crutcher's Denver office and a member of the firm's Intellectual Property Practice Group. Ms. Drake's practice focuses on patent infringement and trade secret litigation as well as antitrust actions involving significant patent issues. She has litigated cases around the country in a wide range of technical fields, including medical devices, pharmaceuticals, cellular telecommunications, computer technologies, building construction, battery technology, and sporting goods.
Ms. Drake is registered to practice before the United States Patent and Trademark Office and is admitted to the State Bars of California and Colorado. She is ranked in Chambers USA in Intellectual Property and is named in Best Lawyers in America®.
Ms. Drake earned her law degree in 1993 from the University of Chicago, where she served as an Editor of the Law Review. She received a Bachelor of Science degree with honors in mechanical engineering from the University of California at Berkeley in 1990.
Representative Cases:
In re Ditropan XL Antitrust Litigation. Worked with antitrust and patent litigation team to secure dismissal of all claims against Johnson & Johnson, Ortho-McNeil Pharmaceutical, and Alza Corporation in consolidated, antitrust class actions brought by direct and indirect purchasers alleging anticompetitive conduct relating to enforcement of a pharmaceutical patent and FDA petitioning.
Aventis Pharma S.A. v. Amphastar Pharmaceuticals, Inc. Worked with antitrust and patent litigation team to secure dismissal of antitrust counterclaims brought against Aventis by two generic drug manufacturers alleging anticompetitive conduct based on patent prosecution, patent infringement litigation, and FDA petitioning.
In re Wellbutrin XL Antitrust Litigation. Worked with antitrust and patent litigation team to secure dismissal of most of the claims brought by a putative class of indirect purchaser plaintiffs under the laws of more than forty states alleging that Biovail Corporation and GlaxoSmithKline PLC engaged in sham patent litigation and FDA petitioning. Our team also secured dismissal of a monopolization claim against Biovail by a putative class of direct purchaser plaintiffs.
Riezler v. Allen. Represent two University of Colorado hematology professors and Metabolite Laboratories in a patent case relating to a vitamin formulation and its use to treat vascular disease, certain neuropsychiatric disorders, and elevated metabolites. Argued appeal of sovereign immunity issues before the Federal Circuit.
Reexamination of Patent for Detecting Vitamin Deficiencies: Represented patentee on appeal to Board of Patent Appeals and Interferences on reexamination of a heavily-litigated patent relating to the detection of elevated metabolites correlating to certain vitamin deficiencies. Obtained reversal of all of the rejections.
Freedom Wireless, Inc. v. Boston Communications Group, Inc., et al. Represented Cingular Wireless and AT&T Wireless Services in defense of infringement claims relating to pre-paid cellular telephone service.
Cochlear Limited v. Advanced Bionics Corp. Represented Advanced Bionics and its employee in defense of trade secret misappropriation claims. Successfully opposed motion for preliminary injunction and successfully defended the appeals to the Colorado Court of Appeals and the Colorado Supreme Court.
Shimano Inc. v. Daiwa Corp. Represented Shimano in a patent infringement action against Daiwa alleging infringement of a fishing reel patent. Resulted in confidential settlement.
Century Mfg. Co. v. Bolder Technologies Corp. Represented Bolder Technologies in defense of patent infringement and trade secret misappropriation claims concerning a car jumpstart battery. Resulted in confidential settlement.
Aesthetic Technologies, Inc. v. Optical Technology, Inc. Represented Aesthetic Technologies, a seller of micro-dermabrasion devices, in a declaratory judgment action raising patent infringement and false advertising claims. Resulted in confidential settlement.