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Baker Botts Releases IP Webinar: "The U.S. Supreme Court's Impact on Patent Rights"

News Release

HOUSTON, July 20, 2016 - Baker Botts L.L.P., a leading international law firm, today released the audio from the recent webinar led by Intellectual Property attorneys discussing the U.S. Supreme Court's Intellectual Property decisions from the 2015 Term and cases the Court has decided to hear during the 2016 Term.

Listen to Baker Botts' Webinar: "The U.S. Supreme Court's Impact on Patent Rights"

In the July, 13, 2016, webinar, panelists describe “a Term of deadlocks and narrow decisions,” and cite real world impacts the decisions Stryker/Halo, Kirtsaeng, and Cuozzo have on patent/copyright cases. Panelists also provide an outlook of patent decisions for the upcoming October 2016 SCOTUS Term and the potential influence a Justice Scalia replacement may have over those intellectual property cases.

  • What is the impact of the Court's decision in Stryker v. Zimmer and Halo Electronics v. Pulse Electronics?
    “The Stryker/Halo decision impacts patent law by providing more leverage for plaintiffs in negotiations right before trial approaches,” says Michael Hawes, partner in Baker Botts’ Intellectual Property practice of the Houston office. “It will also have an effect on settlement discussions which, in turn, may lead to fewer settlements. Overall, the decision makes the outcome of litigation much more unpredictable.”
  • What is the impact of the Court's decision in Kirtsaeng v. John Wiley & Sons?
    “The Court’s decision in Kirtsaeng addresses the standard for attorneys’ fees awarded to the prevailing party under 505 of Copyright Act,” said Aaron Streett, partner and Chairman of Baker Botts’ Supreme Court and Constitutional Law Practice. “The copyright owners take this decision as one in their favor, rather than one that is neutral.”
  • What is the impact of the Cuozzo Speed Technologies, LLC v. Lee decision?
    “The Cuozzo decision means that inter partes review remains a friendly forum for invalidity challenges,” says Jennifer Nall, senior associate in Baker Botts’ Intellectual Property practice of the Austin office. “A real world impact of the decision was that deference was given by the Court in a way not seen before.”
  • What is the outlook on patent cases in the October 2016 Term and what difference will a new Justice make for patent law cases?
    “The Court has already demonstrated an interest in patent cases, given that they have already granted three cases for next Term,” said Mr. Streett. “Since there is no clear timeline for the replacement for Justice Scalia’s seat, it’s noteworthy that most of these patent cases next Term are unlikely to lead to divided votes among an eight-Justice Court.”

The webinar panel included Baker Botts attorneys who filed amicus briefs in Cuozzo and the Stryker/Halo cases and Chief Intellectual Property Counsel for the CME Group.


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About Baker Botts LLP
Baker Botts is an international law firm of approximately 725 lawyers practicing throughout a network of 14 offices around the globe. Based on our experience and knowledge of our clients’ industries, we are recognized as a leading firm in the energy and technology sectors. Throughout our 176-year history, we have provided creative and effective legal solutions for our clients while demonstrating an unrelenting commitment to excellence. For more information, please visit BakerBotts.com.

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