Brendan E. Clark

Associate

Cleveland
T +1.216.861.6488
F +1.216.696.0740

Overview

Brendan Clark practices intellectual property (IP) law, primarily in patent matters, and he has additional experience in trademark and copyright cases. Brendan counsels clients in order to identify and implement effective solutions and options for their intellectual property needs.

Select Experience

  • 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.

  • Obtained a restraining order and favorable settlement for a media client in a lawsuit involving trademark infringement, cybersquatting and unfair competition claims.

  • Provided full-spectrum patent counseling for a major financial institution, including patent portfolio management, opining on the patents of adverse parties, and defending assertions by non-practicing entities.

  • Individually managed and prosecuted a patent portfolio for a diversified software company, including handling enforcement considerations and a patent sale to a Fortune 50 business.

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Experience

  • 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.

  • Obtained a restraining order and favorable settlement for a media client in a lawsuit involving trademark infringement, cybersquatting and unfair competition claims.

  • Provided full-spectrum patent counseling for a major financial institution, including patent portfolio management, opining on the patents of adverse parties, and defending assertions by non-practicing entities.

  • Individually managed and prosecuted a patent portfolio for a diversified software company, including handling enforcement considerations and a patent sale to a Fortune 50 business.

  • Represented motorsports, surgical component, e-payment system and corporate wellness clients in opposition and cancellation proceedings before the Trademark Trial and Appeal Board (TTAB).

  • Drafted a settlement agreement between competing firearms manufacturers in advance of publication of their respective patent applications for highly similar products.

  • Prepared a licensing agreement to allow affiliated businesses to leverage a waste management company client's branding and service capabilities.

  • Drafted opinions confirming clients' freedom to operate based on noninfringement, invalidity or unenforceability of competitor patents.

  • Conducted intellectual property audits with startups and expanding businesses to ensure comprehensive protection for their work.

Recognitions and Memberships

Memberships

  • Cleveland Metropolitan Bar Association
  • Cleveland IP Law Association
  • PTAB Bar Association

Community

  • Marine Corps Scholarship Foundation, Cleveland Committee: Co-Chair (2015 to present)
  • Autism Society of Greater Cleveland: Board Member (2014 to present)
  • National Marine Corps Business Network, Cleveland Chapter
    • Officer (2017 to present)
    • President (2015 to 2017)

Military Service

  • U.S. Marine Corps Reserve, Infantry Officer (2011 to present)
    • Navy and Marine Corps Achievement Medal

Admissions

  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio
  • U.S. Patent and Trademark Office, Registration No. 67,691
  • Ohio

Education

  • J.D., Case Western Reserve University School of Law, 2009
  • B.S., General Engineering, University of Illinois, 2006

Blog

In The Blogs

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IP Intelligence: Insight on Intellectual Property
When Obvious Isn’t Obvious: Personal Web Technologies
By Brendan E. Clark
February 15, 2017
On Valentine’s Day 2017, the Court of Appeals for the Federal Circuit vacated the Patent Trial and Appeal Board’s conclusions of obviousness in Personal Web Technologies, LLC due to insufficient analysis in the board’s decision. Judge...
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IP Intelligence: Insight on Intellectual Property
Important Federal Circuit Decision Provides More Clues on Software Eligibility
By Brendan E. Clark
September 15, 2016
On Sept. 13, 2016, the Court of Appeals for the Federal Circuit gave applicants and patentees another tool with which to argue for the patent eligibility of their software innovations, finding that McRO’s lip-synchronizing patents were...
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IP Intelligence: Insight on Intellectual Property
Upcoming Federal Circuit Decision Presents Opportunity for Clarification of Patentable Subject Matter
By Brendan E. Clark
February 25, 2016
Since Alice,[1] consistently defining the bounds of statutory subject matter in computer arts confounds even the most experienced attorneys. E-commerce software combining visual elements of multiple parties’ websites is patent eligible,[2]...
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