Peter L. Brewer

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Of Counsel
265 Brookview Centre Way
Suite 600
Knoxville, Tennessee 37919
T: 865.971.5102
F: 865.329.5102

Peter L. Brewer is a member of the Firm's Intellectual Property Group. He concentrates his practice in the areas of patent and trademark preparation and prosecution work, along with IP transactional documents. Peter holds an engineering degree from Texas A&M University. He has practiced intellectual property law exclusively for almost fifteen years, and has experience in a variety of technologies including fluid separation processes, maritime vessel designs, petroleum subsea architecture, downhole production tools and methods, reservoir simulation, geomechanical modeling, downhole telemetry, directional drilling systems, hand tools, pet products, medical devices, semiconductor fabrication, magnetic storage discs, tennis equipment and business methods.

Mr. Brewer also has experience in the evaluation of patents. He has been called upon to draft freedom-to-operate opinions, validity/invalidity opinions, patentability opinions, re-examinations and non-infringement opinions.

Mr. Brewer has experience in the litigation of intellectual property disputes.  He has served as either lead counsel or co-counsel in patent infringement, trademark infringement and copyright infringement cases, as well as TTAB Opposition proceedings.  Peter was brought in as appellate counsel in the case of Minton v. National Association of Securities Dealers, 336 F.3d 1373 (Fed. Cir. 2003). He argued the case before a panel of Federal Circuit judges in Washington.

Mr. Brewer is a former briefing attorney to the Supreme Court of Texas.  He is a frequent speaker at seminars and conferences.  He is currently president of the Tennessee Intellectual Property Law Association.  

Publications

  • Author – "Inventors to feel impact of patent law changes," knoxvillebiz.com (October 2011)
  • Author – "Claim Your Name on Facebook," Knoxville Business Journal, p. 17 (October 2009)
  • Quoted – "Chattanooga Shale Becomes Tennessee Success Story," The American Oil & Gas Reporter, p. 150 (June 2009)
  • Co-author – "Right of Publicity," DICTA Magazine (a publication of the Knoxville Bar Association) (November 2007)
  • Co-author – "Protecting the Investor," Pointe Innovation Magazine (a publication of the Mississippi Technology Alliance) (Fall 2007)
  • Author – "Who Owns the Invention? Addressing Ownership Claims of Employees and Contractors" Tennessee Bar Journal (April 2006)
  • Quoted – "Well Fueled – High Gas Prices Have an Upside: More Patent Work for IP Lawyers," IP Law and Business, p. 10-11 (September 2005)
  • Quoted – "Companies Grapple with Complexities of Protecting Intellectual Property," Memphis Business Journal, p. 28 (September 23 – 29, 2005)
  • Author – "Patent Law Under Review," Memphis BioWorks Quarterly, p. 14 (Summer 2005)
  • Author – "Patent Infringement and the Duty of Due Care After Knorr-Bremse," Intellectual Property Today, pp. 37-39 (August 2005)
  • Author – "Congress Passes CREATE Act Into Law," Memphis BioWorks Magazine, p. 15 (Spring 2005)
  • Author – "Patent Infringement and the Duty of Due Care After Knorr-Bremse," 2005 Tennessee Bar Association IP Forum, Nashville, Tennessee (April 2005)
  • Author – "Intellectual Property for the Oilfield," International Association of Drilling Contractors Symposium, SPE Journal (February 2002)
  • Co-author – "Supreme Court Clarifies Rules for Expanding Reach of Patents," Texas Lawyer, p. 22 (June 3, 2002)

Speaking Engagements

  • CLE Speaker – "What Does An IP Troll Look Like?" Spring 2014 Tennessee Intellectual Property Law Association CLE Program, Nashville, Tennessee (May 2, 2014)
  • CLE Speaker – "IP Trolls and Treasure," 2014 Knoxville Bar Association Intellectual Property Program, Knoxville, Tennessee (February 28, 2014)
  • Symposium Speaker – "Legal Issues for the Tennis Teaching Professional," 2014 PTR International Symposium, Hilton Head Island, South Carolina (February 21, 2014)
  • Program Moderator – 2014 Knoxville Bar Association Corporate Counsel Section CLE Program, Knoxville, Tennessee (August 15, 2013)
  • CLE Speaker – "Ethics and the OED," 2012 Houston Intellectual Property Law Association Annual Seminar, Galveston, Texas (October 3, 2012)
  • Guest Speaker – "The Commercialization of Intellectual Property," 2012 Launch Memphis Business Incubator Program, Memphis, Tennessee (July 25, 2012)
  • Guest Speaker – "Intellectual Property for the Visual Artist," Arts & Culture Alliance, Knoxville, Tennessee (July 19, 2012)
  • Guest Speaker – "What Every Business Owner Should Know About Intellectual Property," Knoxville Chamber of Commerce (May 16, 2012)
  • Guest Speaker – "Patents and the Energy Industry," Texas A&M Energy Club, College Station, Texas (September 2011)
  • CLE Speaker – "Ownership of Inventions," Tennessee Bar Association statewide webcast (June 2011)
  • CLE Panelist – "Inducement to Infringe a Patent," Tennessee Bar Association Annual IP Symposium, Nashville, Tennessee (March 2011)
  • Guest Speaker – "Patents and the Oil Patch," Midland County Bar Association Monthly Meeting, Midland, Texas (October 2010)
  • Guest Speaker – "Principles of Inequitable Conduct," 2010 Intellectual Property Symposium, Washington, D.C. (October 2010)
  • Guest Speaker – "Patents for the Energy Industry," Appalachian Basin Society of Petroleum Engineers Monthly Meeting, Paintsville, Kentucky (September 2010)
  • Guest Speaker – "10 Things Every Oil Company Should Know About Patents," Tennessee Oil and Gas Association Annual Meeting, Knoxville, Tennessee (May 2009)
  • CLE Speaker – "Intellectual Property Trends in the State of Tennessee," 2008 Tennessee Intellectual Property Law Association Conference, Nashville, Tennessee (November 2008)
  • CLE Speaker – "Things From the IP World That Make You Scratch Your Head, " Tennessee Intellectual Property Law Conference, Nashville, Tennessee (November 2007)
  • Guest Speaker – "Ten Things Every Technology Company Should Know About Patents," Technology 2020 Meeting, Oak Ridge, Tennessee (August 2007)
  • Guest Speaker – "Protecting the Inventor from Invention Service Companies," Tennessee Inventors Association, Oak Ridge, Tennessee (August 2007)
  • Seminar Speaker – "Intellectual Property for the Start-Up Business," 2007 FedEx Business Plan Competition Seminar hosted by EmergeMemphis, Memphis, Tennessee (April 2007)
  • CLE Co-Presenter – "Intellectual Property Audits and Due Diligence," 2007 Tennessee Intellectual Property Law Association Conference, Nashville, Tennessee (March 2007)
  • Guest Speaker – "The Challenge of Obviousness:  KSR International v. Teleflex Inc.," Tennessee Inventors Association, Oak Ridge, Tennessee (November 2006)
  • CLE Speaker – "Ethics in Patent Prosecution," 2006 Tennessee Intellectual Property Law Association Conference, Nashville, Tennessee (November 2006)
  • CLE Speaker – "Ethical Dilemmas for the IP Attorney: Representing Clients in Related Technologies," 2006 Tennessee Intellectual Property Law Association Conference, Nashville, Tennessee (April 2006)
  • Guest Speaker – "Recent Developments in Intellectual Property Law," Johnson City, Tennessee, Sponsored by the Northeast Tennessee Technology Council (March 2006)
  • Event Coordinator and Speaker – "2006 Mississippi Intellectual Property Law Lectures," Hattiesburg, Mississippi (February 2006)
  • Guest Speaker – "The Patent Act of 2005," Tennessee Inventors Association, Oak Ridge, Tennessee (October 2005)
  • Event Coordinator and Speaker – "2005 Mississippi Intellectual Property Lectures," Starkville, Mississippi (September 2005)
  • Event Coordinator and Speaker – "Memphis Intellectual Property Lectures," FedEx Institute of Technology, Memphis, Tennessee (February 2005)
  • CLE Speaker – "The Patent Attorney's Duty of Pre-Filing Investigation," Tennessee Bar Association IP Forum, Nashville, Tennessee (Spring 2005)
  • CLE Speaker – "The CREATE Act," Tennessee Intellectual Property Law Association, Nashville, Tennessee (Spring 2005)
  • CLE Speaker – "The Utility of Opinions of Counsel After Knorr-Bremse," 2005 Tennessee Bar Association IP Forum, Nashville, Tennessee (April 2005)
  • CLE Speaker – "What is (and is not) Inequitable Conduct," Tennessee Intellectual Property Law Association, Nashville, Tennessee (Fall 2004)
  • CLE Speaker: – "Commercial Use Issues in Patent Infringement Litigation," 42nd Annual Intellectual Property Seminar, Dallas, Texas (Fall 2004)
  • CLE Speaker – "Willful Infringement and Opinions of Counsel," Tennessee State Bar IP Seminar, Nashville, Tennessee (Spring 2004)
  • Technical Speaker – "The Interpretation of Claims in a United States Patent," Innovation Issues Seminar Sponsored by the Technology Licensing Office of The Texas A&M University System, College Station, Texas (Spring 2004)
  • CLE Speaker – "Right of Publicity Law in Tennessee," Tennessee Intellectual Property Law Association, Knoxville, Tennessee (Fall 2003)
  • CLE Speaker – "Commercial Use Issues in Patent Infringement Litigation," Tennessee Intellectual Property Law Association, Nashville, Tennessee (Fall 2002)
  • Technical Speaker – "Intellectual Property for the Oilfield," International Association of Drilling Contractors Convention, Dallas, Texas (February 2002)

Selected Patents and Patent Applications

Medical Devices, Health and Safety

  • Multi-Axis, Programmable Spine Testing System (U.S. Patent 7,895,899)
  • Portable Hand Rehabilitation Device (U.S. Patent Publ. No. 2013/0303951)
  • Thermally Insulative Container Sleeve (U.S. Publication No. 2007/0215626)
  • Apparatus and Method for Removing Airborne Moisture (U.S. Patent 7,377,958)
  • Head Set for Lingual Manipulation, and Method for Moving a Cursor on a Display (U.S. Patent No. 8,579,766)
  • Moisture Absorber (U.S. Patent D565,714)
  • Methods and Systems for Lingual Movement to Manipulate an Object (U.S. Patent No. 8,047,9640)
  • Traffic Crossing Warning Device, and Method for Warning of an Oncoming Locomotive Object (U.S. Publication No. 2007/0085703)

Oil and Gas Completion and Production Technology

  • Method for Multi-Scale Geomechanical Model Analysis by Computer Simulation (U.S. Patent No. 8,423,337)
  • Combined Development of Oil Shale by In Situ Heating With a Deeper Hydrocarbon Resource (U.S. Patent No. 8,151,884)
  • Optimized Well Spacing for In Situ Shale Oil Development (U.S. Patent No. 8,596,355)
  • Method for Predicting Well Reliability by Computer Simulation (U.S. Patent No. 8,265,915)
  • Enhanced Shale Oil Production by In Situ Heating Using Hydraulically Fractured Producing Wells (U.S. Patent No. 7,669,657)
  • Apparatus for Releasing a Ball into a Wellbore (U.S. Patent 7,143,831)
  • Expandable Sand Screen for use in a Wellbore (U.S. Patent 6,969,905)
  • Method and Apparatus for Downhole Tubular Expansion (U.S. Patent 6,662,876)
  • Expandable Sand Screen and Method for Installing Same in a Wellbore (U.S. Patent No. 6,571,871)
  • Cross-Over Housing for Gas Lift Valve (U.S. Patent 6,491,105)  
  • Double-Acting Reciprocating Downhole Pump (U.S. Patent 6,817,409)
  • Hydraulic Setting Tool for Liner Hanger (U.S. Patent 7,114,573)
  • Method and Apparatus for Anchoring Downhole Tools in a Wellbore (U.S. Patent 6,920,927)
  • Mechanically Opened Ball Seat and Expandable Ball Seat (U.S. Patent 6,866,100)
  • High Expansion Packer (U.S. Patent 6,827,150)
  • Inflatable Packer Setting Tool Assembly (U.S. Patent 6,341,654)
  • Bi-Directionally Boosting and Internal Pressure Trapping Packing Element System (U.S. Patent 6,902,008)
  • Ball Dropping Assembly (U.S. Patent Nos. 6,715,541 and 6,776,228)
  • High Expansion Non-Elastomeric Straddle Tool (U.S. Patent 7,004,248)
  • Expandable Hanger and Packer (U.S. Patent 6,997,266)
  • Method and Apparatus for Locking Out a Subsurface Safety Valve (U.S. Patent 6,991,040)
  • Subsurface Valve with System and Method for Sealing (U.S. Patent 6,854,519)
  • Plug-Dropping Container for Releasing a Plug Into a Wellbore (U.S. Patent 7,055,611)
  • Curved Flapper and Seat for a Subsurface Safety Valve (U.S. Patent 6,666,271)
  • Method for Creating a Polished Bore Receptacle (U.S. Patent 6,585,053)
  • Method of Developing Subsurface Freeze Zone (U.S. Patent 7,516,785)
  • Composition and Method for Using Waxy Oil-External Emulsions to Modify Reservoir Permeability Profiles (U.S. Patent No. 8,146,654) 
  • Core Annular flow of Heavy Crude Oils in Transportation Pipelines and Production Wellbores (U.S. Patent No. 8,087,460)
  • Granular Electrical Connections for In Situ Formation Heating (60/919,391)

Drilling and Hydraulic Fracturing

  • Expandable Tubulars (U.S. Patent 7,156,179)
  • Rotary Steerable Drilling System for Drilling a Borehole in an Earth Formation (U.S. Patent Publ. No. 2014/0102800) 
  • Orienting Whipstock Seat, and Method for Seating a Whipstock (U.S. Patent 6,968,896) 
  • Method and Apparatus for Forming a Lateral Wellbore (U.S. Patent 6,536,525) 
  • Height-Adjustable Pipe Pick-up and Laydown Machine (U.S. Patent No. 7,404,697)
  • Wellbore Tubular Patch System (U.S. Patent 6,142,230) 

Pet Products

  • Twitch Toy (U.S. Patent No. 8,640,653)
  • Pet Water Fountain (U.S. Patent No. D689,245) 
  • Manual Litter Box (U.S. Patent No. 8,567,348)
  • Self-Cleaning Litter Box (U.S. Patent Publ. No. 2014/0069343)  

Hydraulic Oil Well Pumping Systems and Hydraulic Jetting Systems

  • Hydraulic Oil Well Pumping System, and Method for Pumping Hydrocarbon Fluids From a Wellbore (U.S. Patent Publ. No. 2014/0079560)
  • Downhole Hydraulic Jetting Assembly, and Method for Stimulating a Production Wellbore (U.S. Patent Publ. No. 2011/0203847)

Sporting Goods and Hunting

  • Adjustable Tree Stand (U.S. Patent No. 7,802,653)
  • Connection Disc for a Racquet Sport Ball (U.S. Patent No. D565,674)
  • Vibration Dampener for Sport Racquet (U.S. Patent D562,922)
  • Racquet Sport Training System (U.S. Patent Publ. No. 2009/0011869)
  • Selectively Liftable Platform Mechanism, and Method for Erecting a Shooting House (U.S. Patent 7,513,333)
  • Support Strap (U.S. Patent D553,801)
  • Tree Stand (U.S. Patent D539,554)

Fluid Separation and Gas Processing

  • Kinetic Fractionators, and Cycling Processes for Fractionation of Gas Mixtures (U.S. Patent Publ. No. 2013/0225898)
  • Demulsification of Water-in-Oil Emulsions (U.S. Patent No. 8,093,304) 
  • Oil/Water Separation of Full Well Stream By Flocculation-Demulsification Process (U.S. Patent No. 8,101,086)

Professional Honors & Activities

  • Voted "Best Attorney" for Intellectual Property in Knoxville, Tennessee by Knoxville Bar Association, published in CityView magazine (2009 – 2011) 
  • Listed in Best Lawyers in America® in the area of Intellectual Property Law since 2008
  • Member – American Intellectual Property Law Association (Regional IP Associations Committee, 2009)
  • President – Tennessee Intellectual Property Law Association (2011)
  • Member – Houston Intellectual Property Law Association
  • Member – Tennessee Bar Association IP Section (2003 to present) 
  • Member – Knoxville Bar Association
  • Recipient – Baker Donelson's 2009 Knoxville Office Pro Bono Award 
  • Member – Society of Petroleum Engineers
  • Member – Tennessee Oil & Gas Association
  • Briefing Attorney to the Supreme Court of Texas (1987 – 88 Term)
  • Member – Professional Tennis Registry
  • Associate Editor – South Texas Law Review (1986)

Admissions

  • Tennessee, 1996
  • Texas, 1987
  • United States Patent and Trademark Office, 1998
  • U.S. Eastern District of Texas
  • U. S. Eastern District of Tennessee
  • U.S. Western District of Tennessee
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Tenth Circuit

Education

  • South Texas College of Law, J.D., 1987, cum laude (Houston, Texas)
  • Texas A&M University, B.S. in Petroleum Engineering, 1984  (College Station, Texas)