Clark S. Bakewell

Clark Bakewell helps clients to achieve their desired outcomes in IP litigation matters before the International Trade Commission, USPTO, and US district courts, successfully handling cases and investigations start-to-finish in all three venues.

Clark primarily focuses on electronics-related patent litigation on both the defense-side and plaintiff-side, but also handles the related trademark, trade dress, trade secret, contract, and antitrust claims that frequently arise in the context of complex patent litigation and assists clients to think through advantageous lines of attack and defense in these matters. Clark brings his physics background and years of experience in litigating patents related to electronic devices, software, user interfaces, and wireless communications to bear in the matters in which he is engaged. Prior to obtaining his law degree, Clark prosecuted patents for electronics manufacturers, licensed patents on behalf of a major university’s technology transfer office, and examined patent applications in the fields of medical devices, optics, and robotics as an extern at the USPTO.

Clark has earned a professional certificate in the Applications of Quantum Computing from MIT (through the MIT xPRO program), took graduate-level quantum computing coursework at the University of Pennsylvania, and maintains a keen interest in the development of quantum technologies, including sensing, communication, computing, and related fields. Clark is an active member of the Quantum Economic Development Consortium (QED-C) and helps to lead the intellectual property subcommittee of QED-C’s Quantum Law Technical Advisory Committee.

Representative District Court Experience:

• Pantech Corporation et al. v. Coolpad Group Limited et al. (E.D. Tex. 2021-22) – Settled case on favorable terms for patentee in early stages in eight-patent case concerning standard-essential wireless communication patents.
• Raffel Systems, LLC v. Bob’s Discount Furniture, LLC et al. (E.D. Wis. 2021-22) – Obtained dismissal of case directed to multiple furniture retailers concerning a patent related to a furniture component on basis of issue preclusion, following successfully obtaining declaratory judgment of noninfringement of redesigned product in earlier lawsuit.
• Pantech Corporation et al. v. BLU Products, Inc. (S.D. Fla. 2021) - Settled case on favorable terms for patentee in early stages in five-patent case concerning standard-essential wireless communication patents.
• Maxell, Ltd. v. Apple Inc. (E.D. Tex. 2021) – Settled case on favorable terms for patentee Maxell just after selecting jury for two-week trial involving multiple patents related to image processing, GPS, and battery-saver technologies.
• Lexos Media IP, LLC v. Urban Outfitters, Inc. (W.D. Tex. 2021) – Obtained early settlement on favorable terms on behalf of defendant Urban Outfitters by aggressively pursuing invalidity and noninfringement arguments.
• Maxell, Ltd. v. ZTE USA LLC (E.D. Tex. 2018) – Prepared experts and case materials and argued JMOL motions to help team obtain a jury verdict of $43.3 million for client, with the jury finding willful infringement of all claims of all seven asserted patents, covering digital image processing, GPS navigation, cellular transmission, and audio processing.

Representative Section 337 Experience at the USITC:

• Certain High-Potency Sweeteners, Processes for Making Same, and Products Containing Same (ITC 2022) – Drafted the winning brief and handled oral argument to resolve five-patent investigation involving processes for producing the artificial sweetener acesulfame potassium on rare summary determination victory of invalidity / no technical prong of the domestic industry.
• Certain Active Optical Cables and Products Containing the Same (ITC 2021) – Obtained complete victory on behalf of client in four-patent investigation involving hybrid active optical cable technology, forcing complainant to withdraw complaint on eve of trial.
• Certain Human Milk Oligosaccharides and Methods for Producing the Same (ITC 2020) – Persuaded the Commission to reverse ALJ on issue of redesigned process, which clarified key ITC precedent regarding redesigns, and obtained U.S. Customs and Border Protection approval for importation of noninfringing infant formula through new inter partes procedure.
• Certain Powered Cover Plates (ITC 2019) – Acted as technical lead for multi-patent investigation involving cover plates for electrical wall sockets, persuading ALJ to exempt redesigned product from scope of exclusion order.
• Certain Toner Cartridges and Components Thereof (ITC 2018) – Assisted with seven-patent investigation related to printer cartridges; obtained summary determination of no infringement based on favorable claim construction, which was upheld on appeal at the Federal Circuit in May 2020.

Representative IPR/PGR Experience at the USPTO:

• Man Wah Holdings Limited v. Raffel Systems, LLC (PTAB 2019-20) – Took lead in drafting winning brief and arguing before the Board to persuade it to invalidate a design patent based on prior offer for sale; decision upheld on appeal at the Federal Circuit in 2022.
• ZTE Corp. v. Maxell, Ltd. (PTAB 2018) – Persuaded the Board not to institute review on petition for inter partes review of patent asserted by client in pending district court litigation.
• Huawei Device Co. v. Maxell, Ltd. (PTAB 2018) – Persuaded the Board not to institute review on petition for inter partes review of patent asserted by client in pending district court litigation.

• Georgetown University, BS, Physics and History
• University of Pennsylvania Law School, JD, cum laude
  Asian Law Review, Managing Editor

• District of Columbia
• Maryland