Baker Botts lawyers know how to win patent, trademark, copyright, trade secret and other intellectual property cases because we understand the law, we understand complex litigation and we understand technology. Our case preparation focuses on what matters – the objectives of our client and developing and executing a strategy to achieve those objectives. We conduct discovery in an efficient manner, consistent with that strategy. While we frequently achieve our clients' objectives without trial through settlement, alternative dispute resolution and tactical summary judgment practice, we try cases when necessary.

Our lawyers have the technical experience to understand the most complex technology and to communicate comfortably and confidently with engineers and scientists. Collectively, we hold over 170 technical degrees, including Ph.D.s, master's degrees and M.D. degrees. Many of our lawyers have worked in the private sector in science and engineering disciplines, so we understand complex technology and are able to make it understandable to a jury.

We have tried and won high-stakes patent, trade secret and other intellectual property cases in courtrooms around the country. Several of our Intellectual Property lawyers are Fellows in the prestigious American College of Trial Lawyers.

Our record of success in the courtroom enhances our ability to achieve a business solution, such as a negotiated settlement, when that will best serve the needs of our client. Because our opponents understand that we try and win cases, they are motivated to explore all settlement possibilities before trial.

We have tried cases in state and federal courts throughout the country. Among our recent intellectual property trial successes are:

• We represented a telecommunications equipment manufacturer, the plaintiff in a trade secret misappropriation case in the Eastern District of Texas. Following a trial lasting several weeks, the jury awarded actual and punitive damages of $369.2 million. Following postverdict rulings and an appeal, our client received, net of attorneys' fees and litigation expenses, more than $100 million.
• We represented a defense and aerospace company asserting a patent infringement claim in the Western District of Oklahoma. The patent claimed an apparatus for making hot mix asphalt used in the construction of roads. Following a two-week bench trial, the district court found that the patent was infringed and not invalid, enjoined the device accused of infringement, and granted the company a multimillion-dollar damages award.
• We represented a major credit card issuer sued for trademark infringement in the Southern District of New York. The infringement claim concerned terminology used to describe smart-card services. Following a trial, a unanimous jury found for our client on all of plaintiff's claims.
• We represented an electric utility company in a trade secret case in Texas state court. The plaintiff dot-com start-up accused our client of misappropriating certain of its alleged trade secrets. Following a two-week trial, the jury found for our electric utility client on all causes of action.
• We represented an international technology company whose semiconductor division was sued for patent infringement in the Eastern District of Texas. The patent-in-suit covered high-power semiconductor devices. Plaintiffs sought over $50 million in damages. After a ten-day bench trial, the district court entered a favorable take-nothing judgment, finding that the accused device did not infringe any claims of the patent-in-suit. The Court of Appeals for the Federal Circuit recently affirmed the judgment of noninfringement.

In addition to these impressive trial results, we have successfully handled many patent cases before the International Trade Commission. We have also arbitrated intellectual property matters before numerous arbitration panels, under both the arbitration rules of the American Arbitration Association and the rules of the International Chamber of Commerce.

We also have a long record of winning intellectual property cases by summary judgment. Among our summary judgment successes are:

• We represented a large United States cable systems operator in a patent infringement case in the Southern District of New York. Plaintiffs accused the cable systems operator of infringing a patent for hybrid fiber coax cable television systems – systems that efficiently combine fiber optic and coaxial cable – and sought over $100 million in damages. We obtained a summary judgment that the patent was both invalid and not infringed. The Court of Appeals for the Federal Circuit recently affirmed this defense win.
• We represented a software company that was sued for negligent misrepresentation, fraud and indemnity in Texas state court. Plaintiff claimed that it suffered losses of more than $16 million because of defects in our client's software. We obtained a favorable summary judgment of no liability with respect to all claims asserted by the plaintiff.