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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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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 preparation and prosecution, 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, 2023

<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

Brendan Clark, Nathaniel Goldfinger Speak at December CIPLA Meeting

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

Web3 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>Leads regular patent harvest sessions with a financial services industry leader 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 and extensive outdoor experience.</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>Obtained favorable settlement and consent judgment against hard-to-serve foreign company knocking off patented client blenders. (Vita-Mix v. Vevor (C.D. Cal.))</li>
<li>Represented commodities trading software visionary in long-running assertion of patents for groundbreaking trading screens. (Trading Techs v. BCG Partners, et al. (N.D. Ill.))</li>
<li>Represented innovator in the towing space in several patent assertions following client acquisition of the plaintiff. (Horizon Global v. Curt (E.D. Mich.) and Horizon Global v. Northern Stamping (N.D. Ohio))</li>
<li>Defended client and served as local counsel in consolidated multidistrict litigation related to roofing product patents. (Golden Rule v. Oatey (N.D. Ohio), In Re: Pipe Flashing Patent Litigation (N.D. Ohio))</li>
<li>Obtained a restraining order and favorable settlement for a media client in a lawsuit involving trademark infringement, cybersquatting and unfair competition claims. (APG Media v. Parks (S.D. Ohio))</li>
<li>Represented early “vape” innovators in assertion of patents covering their unique circuit boards. (Evolv v. Joyetech (C.D. Cal.))</li>
<li>Defended against assertions of patent and trademark claims directed to electronic cigarettes.</li>
<li>Asserted client trademarks and copyrights against infringing competitor in porous paving and stormwater management industry. (Invisible Structures v. Airfield Systems (D. Col.))</li>
<li>Asserted client trademarks and obtained favorable settlement in suit relating to naming of event venues and related goods and services.</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>Defended clients accused of infringing patents in technology spaces, including building materials, waste derived fuel and e-commerce.</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 $3 billion.</li>
<li>Led intellectual property diligence in connection with multibillion-dollar acquisition by finance and insurance advisory.</li>
<li>Led intellectual property diligence in connection with client acquisition of family of protective equipment brands involving hundreds of intellectual property assets held in the names of myriad subsidiaries.</li>
<li>Led intellectual property diligence in connection with European client acquisition of U.S. specialty chemical product manufacturer.</li>
<li>Managed intellectual property diligence for complex client transactions involving complicated organizational structures, carve-outs and specific asset purchases.</li>
<li>Served as U.S. intellectual property counsel to foreign firms engaged in diligence on deals involving U.S. entities or assets.</li>
<li>Negotiated a licensing agreement with large non-practicing entity to avoid assertion of its patents.</li>
<li>Prepared and negotiated various licensing, joint development, contractor and other agreements to protect client intellectual property and technology concerns.</li>
<li>Conducted intellectual property diligence for numerous client acquisitions in industries such as nutritional supplements, industrial cutting tools and software.</li>
<li>Engaged and liaised with foreign firms in connection with multinational deals and agreements.</li>
</ul>

Brendan E. Clark

Brendan E. Clark

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