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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

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Ronald Baumgarten Expects Upcoming Trade Policies to be Similar to Last Republican Administration

Patrick Campbell, Jonathan New Author Law360 Article on Whistleblower Programs

DOJ Antitrust Division Adds to Guidance on the Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations

BakerHostetler Alumni Newsletter – Fall 2024

Drawing on his knowledge of today’s information economy, Brendan helps clients identify and implement effective solutions to increase return on investment in their intellectual property and technology assets. He provides support throughout the lifecycle of IP assets, utilizing his extensive experience in procurement, assertion and defense, and transaction diligence.

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Brendan is the Intellectual Property Leader for the Cleveland office.

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J.D., Case Western Reserve University School of Law, 2009

B.S., General Engineering, University of Illinois, 2006

U.S. Marine Corps Command and Staff College, 

<ul>
<li>The Legal 500 United States
<ul>
<li>Recommended in Intellectual Property: Patents: Prosecution (including re-examination and post-grant proceedings) (2021, 2024)</li>
</ul>
</li>
<li>IAM Patent 1000: The World&#8217;s Leading Patent Practitioners
<ul>
<li>Ohio: Recommended (2024)</li>
</ul>
</li>
</ul>

Cleveland

IP Intelligence Report

Federal Circuit Reverses Ineligibility Finding on POV Cameras and Processing

BakerHostetler attorneys, practice areas stand out in The Legal 500 annual guide

Brendan Clark Joins Panel at BRIDGEOhio Seminar

Deal Team Advises Private Equity Group on Acquisition of Specialty Logistics and Transportation Business

Brendan Clark Speaks at Ohio Global Aerospace and Supplier Summit

BakerHostetler Advises Millman National Land Services on Acquisition by CBRE

BakerHostetler Attorneys, Practice Areas Recognized in The Legal 500 Guide for 2021

Intellectual Property

IP Technology

Patent Litigation

Software

Blockchain Technologies and Digital Assets

Artificial Intelligence (AI)

Industries

Aerospace and Defense

Design Patent Protection

Patent Prosecution

Procurement
<ul>
<li>Counsels clients to identify valuable intellectual property, and then develop and implement strategies to protect and exploit that IP for tangible benefits.</li>
<li>Led patent harvest sessions with a financial services industry leader to identify over a dozen inventions being developed or implemented and secure protection to increase the client’s ability to protect its innovation.</li>
<li>Managed and prosecuted a patent portfolio for a diversified software company, including handling enforcement and defense considerations and a patent sale to a Fortune 50 business.</li>
<li>Conducted intellectual property audits with startups and expanding businesses to ensure comprehensive protection for their creative efforts.</li>
<li>Helped software clients develop patent portfolios by carefully tracking and advising on Patent Office guidance relating to subject matter eligibility.</li>
<li>Assisted a global electrical client in filing a record number of patent applications before implementation of first-to-file provisions under the America Invents Act.</li>
<li>Provide clients with strategic counsel regarding defense and outdoor products, drawing on military experience and knowledge of chasing game and fish.</li>
</ul>
Litigation
<ul>
<li>Represented Hyland Software in six related patent infringement actions involving enterprise content management software (Open Text Corporation v. Hyland Software, Inc. (C.D. Cal.)).</li>
<li>Develop strategies to assert client patents and trademarks when faced with infringement and defend against accusations of patent and trademark infringement.</li>
<li>Obtained a restraining order and favorable settlement for a media client in a lawsuit involving trademark infringement, cybersquatting and unfair competition claims.</li>
<li>Defended against assertions of patent and trademark claims directed to electronic cigarettes.</li>
<li>Defended against assertion of software patents involving client in a group of serial lawsuits filed in two different districts by the same plaintiff.</li>
<li>Asserted client trademarks and copyrights against infringing competitor in porous paving and stormwater management industry.</li>
<li>Opined on clients’ freedom to operate and risks concerning possible infringement or invalidity of patents in a variety of industries including nicotine vaporizers, industrial antistatic containers, financial services software and additive manufacturing.</li>
<li>Represented various clients in multiple industries, including motorsports, surgical component, e-payment system and corporate wellness, in opposition and cancellation proceedings before the Trademark Trial and Appeal Board (TTAB).</li>
<li>Handled critical discovery issues, claim construction briefing and motion practice during client’s assertion of electronic trading patents.</li>
<li>Defended clients accused of infringing patents in technology spaces, including building materials, waste derived fuel and e-commerce.</li>
<li>Negotiated settlements for clients involved in patent, trademark and software licensing disputes.</li>
<li>Managed technical issues and expert reports for lawsuit involving software companies.</li>
</ul>
Transactions
<ul>
<li>Advise on intellectual property considerations in mergers and acquisitions with values between $2 million and $700 million.</li>
<li>Organized and led teams to develop strong consulting agreements for clients developing software with a multinational team of employees and vendors.</li>
<li>Prepared a licensing agreement to allow third parties affiliated to a waste management company to leverage the client&#8217;s branding, trademark and service capabilities.</li>
<li>Negotiated a licensing agreement with large non-practicing entity to avoid assertion of its patents.</li>
<li>Drafted agreements protecting clients’ intellectual property during joint development projects and engagements with contractors or consultants.</li>
<li>Conducted intellectual property diligence for numerous client acquisitions in industries such as nutritional supplements, industrial cutting tools and software.</li>
</ul>

Brendan E. Clark

Brendan E. Clark

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