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Brenna K. Legaard

Overview

Brenna Legaard, a registered patent attorney, helps established and emerging technology companies in the medical, software, high-tech manufacturing and sporting goods industries create holistic intellectual property strategies that support long-term business goals. She divides her practice between litigation and transactional work. Whether through protecting innovations, licensing or acquiring technology, Brenna assists clients in developing strong intellectual property positions.

A seasoned intellectual property litigator, Brenna approaches cases with intellectual rigor. She has a unique ability to view ‎her clients’ situations through a comprehensive lens, connecting dots and seeing ‎patterns that were previously hidden. ‎

Brenna’s strategic approach to working with clients hinges on a proven methodology ‎and creative problem solving. She is skilled at diving deep into each client’s specific ‎business model, technology and market landscape and then circling the wagons ‎internally to align patent strategy with competitive advantage. She is relentless in her ‎focus on doing what is in her clients’ best interest. ‎

In addition to solid credentials and expertise, Brenna’s collaborative personality, ‎energy and contagious enthusiasm make her easy to work with, and as a result, she ‎maintains long-term relationships with her clients. ‎ 

Experience

Experience

Litigation

  • Successfully represented the plaintiff in a two-week jury trial asserting utility and design patents, including a jury verdict awarding total profits in the first design patent trial after the Supreme Court's landmark decision in Samsung v. Apple.
  • Represent Oracle in state and federal litigation against the State of Oregon concerning the development of Oregon's health insurance exchange (Oracle Corp. v. State of Oregon).
  • Obtained an $85 million patent infringement verdict on behalf of Smith & Nephew (Smith & Nephew v. Arthrex, 2004-2011).
  • Represented World Class Technology, a new market entrant sued for patent infringement by its largest competitor. Obtained a favorable claim construction and a judgment of noninfringement (World Class Technology v. Ormco, 2012).
  • Successfully represented disabled students and their families in a suit against Portland Public Schools.  Preserved and strengthened a program that serves children with significant disabilities, many of whom are recovering from trauma, are homeless, or are in the foster system. 

Transactional Work

  • Helped a Fortune 100 sporting goods company enter a very competitive and heavily patented field, find a path through competitor portfolios and hold off challenges while winning market share.
  • Represent physicians who invent novel therapy ideas and help them develop IP positions, form partnerships and license their technologies.
  • Helped an early stage medical device company position itself for investment or acquisition by reforming the global patent portfolio so that it was less expensive to maintain and better focused on competitive advantage.

Memberships & Awards

Awards

  • Oregon Super Lawyers, Intellectual Property (2016-2018)
  • Woman of Influence, Portland Business Journal (2016)
  • “Forty under 40,” Portland Business Journal (2014)
  • Ranked for Intellectual Property Lawyers in Oregon, Chambers USA (2015-2016)
  • U.S. News & World Report, The Best Lawyers in America: Commercial Litigation, Intellectual Property Litigation, Patent Litigation, and Patent Law (2011-2019)
  • Intellectual Asset Management, The World’s Leading Patent Practitioners (2013-2018)

Resources & Ideas

Seminars & Speaking Engagements

"Canaries in the Coalmine: Succeeding as Female Counsel in Male-Dominated Industries (Elimination of Bias CLE)," ABA Young Lawyers Division Fall Conference, Co-panelist (October 10, 2014)

Patent System Boot Camp: An In-depth Primer," Technology Association of Oregon, Co-presenter (January 22, 2014)

"Legal Forum: Trademark, Copyright, and Design Patent Boot Camp," Technology Association of Oregon, Co-presenter (February 14, 2013)

"Developing a Patent Infringement Risk-Assessment Strategy — How to Plan for Being Accused of Infringement," Oregon Business magazine, Co-author (February 2014)

"Has Patent Reform Changed Texas?" Oregon's State Bar's Litigation Section newsletter (Spring 2013)

Community Activities

Community Activities

Brenna is passionately committed to winning access to mental healthcare for every child who needs it. Her perspective is informed by her experiences parenting her son, who has autism. She has worked with a number of state agencies and the Oregon Legislative Assembly to expand access to mental healthcare through private insurance and the Oregon Health Plan, and she has worked with Oregon’s congressional delegation on national policy surrounding access to mental healthcare under Children’s Health Insurance Program (CHIP) and Medicaid. She has worked to eradicate discrimination against children who struggle with mental illness through both policy work and litigation. As part of a network of parents, she has served as a resource for other families of children with autism. She currently serves as a member of the Behavior Analysis Regulatory Board, to which she was appointed by Governor Kate Brown in 2015. 

Services

Education

Admissions

Oregon State Courts

United States Court of Appeals, Ninth Circuit

United States Court of Appeals for the Federal Circuit

United States District Court, District of Oregon

United States Patent and Trademark Office

 

Outside The Office