Harper Batts has more than a decade of experience as an intellectual property litigator and client counselor. He has represented numerous Fortune 50 clients in highly contentious patent litigation disputes in many different venues, including Texas, Delaware, California, New Jersey, Wisconsin, North Carolina, and the Federal Circuit. His experience includes leading several large joint defense groups in complex cases involving numerous patents and accused product lines.
Mr. Batts has represented patent challengers and patent owners in more than 25 CBM and IPR proceedings. He has extensive experience in cases before the Patent Trial and Appeal Board. He has also spoken about and written publications concerning his experience and insights concerning post-grant proceedings.
Mr. Batts also has experience representing clients in other venues, including the United States Court of Appeal for the Federal Circuit Court of Appeals, the International Trade Commission and district courts known for their patent litigation cases, including the Northern District of California and the Eastern District of Texas.
In addition to his extensive IP litigation experience, Mr. Batts has conducted negotiations between direct competitors, as well as conducting due diligence regarding the potential acquisition of large patent portfolios.
Mr. Batts is experienced in numerous technology areas, including semiconductors, computer software, e-commerce, wireless technology, telecommunications, medical devices and hardware technology.
- In fall of 2017, after taking over for prior IPR counsel, conducted oral arguments before the Federal Circuit for a leading streaming service provider regarding a Final Written Decision of an IPR proceeding in which the claims were not found unpatentable. The Federal Circuit reversed the decision (without remand), and found all challenged claims obvious.
- Representing a leading video game company in an IPR proceeding, with all challenged claims instituted on.
- Representing leading wearable device company in multiple IPR proceedings.
- In Fall of 2017, received a dismissal of a C.D. of California lawsuit without any payment for a leading ride-share provider prior to even formally responding to the Complaint.
- Representing a leading medical device company in multiple IPR proceedings involving a competitor.
- In Fall of 2016, received a dismissal of a Delaware lawsuit without any payment for a leading ride-share provider prior to even formally responding to the Complaint.
- In Fall of 2016, received a Federal Circuit decision for a leading video stream provider affirming a Final Written Decision by the PTAB invalidating claims asserted against his client.
- In Spring of 2016, represented a leading financial services company defending against a claim of patent infringement in the Eastern District of Texas. Prior to having to file an Answer, received a walkaway dismissal with prejudice for the client.
- Representing leading telecommunications provider in patent infringement case related to internet filtering.
- Representing leading streaming video provider in various IP related matters, including litigation defense, multiple IPRs and CBMs, and two Federal Circuit Appeals.
- Representing leading semiconductor company in patent dispute regarding integrated circuit buses.
- Represented a leading medical device company in litigation regarding a patent related to 3D medical imaging. The case was quickly settled.
- Represented industry leader in four separate litigations, more than 15 IPR proceedings, as well as Federal Circuit appeals involving telecommunication software and products. Conducted two jury trials, including arguing motions before the court, and taking of inventor and expert witnesses. After more than 3 years of litigation, 12 out of the 15 patents asserted against client have been invalidated, another 3 unilaterally dropped by the plaintiff.
- After threatened assertion of a large patent portfolio by semiconductor processing competitor, led negotiations which resulted in competitor walking away from original assertions.
- Represented leading router manufacturer in an ITC investigation and corresponding District of Delaware litigation involving Power-over-Ethernet technology. Only weeks before ITC trial, petitioner unilaterally dropped the entire investigation.*
- Represented leading software company in patent litigation in the United States District Court for the District of Delaware relating to certain technologies used in enterprise software. The case settled very favorably.*
- Represented one of the largest cell phone manufacturers in the world in various patent litigations in the United States District Court for the Eastern District of Texas relating to transmission technology. The case settled favorably.*
- Represented a car component manufacturer in patent litigation in the United States District Court for the Western District of North Carolina related to turbocharger technology. The day after winning numerous pre-trial motions and just prior to jury selection, the case settled favorably.*
- Represented leading semiconductor and processor company in various litigations concerning 802.11, CDMA2000, Bluetooth and other wireless technologies in the Eastern District of Texas. The case settled favorably on the eve of trial.*
*Prior to joining Baker Botts
Awards & Community
Recognized as a Northern California Super Lawyer - Rising Star, 2015-2016
Publications, Speeches & Presentations
Intellectual Property Report
Lessons Learned From ‘Waymo v. Uber’ and Other Trade Secret Disputes, Part One: How to Properly Protect Your Trade SecretsExternal Articles
On May 1-2, join partners Harper Batts and Chris Ponder for the Association of Corporate Counsel San Francisco Bay Area May CLE Program titled "Patent Litigation Strikes Back?"
Baker Botts is a co-sponsor of the 18th annual Berkeley-Stanford Advanced Patent Law Institute on December 14 and 15 at the Computer History Museum in Mountain View, CA.
With the February MCLE compliance deadline rapidly approaching, Baker Botts will host a day of hard-to-get MCLE accredited presentations.