Robert Maier



New York

P: +1.212.408.2538 F: +

Robert Maier’s practice focuses on intellectual property litigation, especially that involving patents related to developments in the high-tech industry. He has significant experience through all phases of litigation, including discovery, Markman hearings, summary judgment and trial. He has been described by clients and peers as “one of the most skilled people you are ever likely to see in the courtroom,” and as a “strong, practical advocate,” who “secures great results in Markman hearings.” (Intellectual Asset Management’s IAM Patent 1000 – The World’s Leading Patent Practitioners, 2012-2014). He also handles patent preparation and prosecution and intellectual property licensing and counseling, including due diligence evaluations for mergers and acquisitions. Mr. Maier’s work spans a variety of high technology fields, including computer hardware and software, cellular telecommunications, in-vehicle navigation and telematics, semiconductor manufacturing processes used in the production of ICs and LCDs and Internet applications.

Mr. Maier is also an Adjunct Associate Professor of Law at Brooklyn Law School, where he teaches patent litigation.

After earning his undergraduate degree, Mr. Maier worked as a software engineer at Telular Corporation, where he was responsible for the design and implementation of software and hardware for production test systems and for field-testing and engineering new cellular communications systems.

Publications, Speeches and Presentations


  • “Antitrust Counterclaims in Patent Infringement Actions Brought by Patent Assertion Entities,” The AIPLA Antitrust News, January 2014, (Josh Sibble, co-author)
  • “Patents in a 3D World: The Challenge of the Second File-Sharing Revolution,” Intellectual Property Today, January 2014
  • “Practical Considerations During the Uncertain Times of Software Patent Eligibility,” IP Litigator, Nov/Dec 2013, (Amrita Chugh, co-author)
  • “Best Practices for the New Prior Commercial Use Defense of the America Invents Act,” IP Management & Valuation, February 2012, (Michael Knierim, co-author)
  • “The Big Secret of the America Invents Act,” Intellectual Property Today, December 2011
  • “House Passes Leahy-Smith America Invents Act; US Poised to Move to a First-Inventor-to-File System, Adopt Other Changes to Patent Laws,” Intellectual Property & Technology Law Journal, October 2011
  • “Occam’s Razor for Patents,” Corporate Counsel, February 22, 2010, (Joe Akalski, co-author)
  • “A Less Reactive, More Preemptive Approach to E-Discovery,” Intellectual Property Today, December 2009,(Jennifer Lazo, co-author)
  • “Supreme Court Grants Certiorari to Consider Entitlement to Automatic Permanent Injunction Upon Finding of Patent Infringement,” Baker Botts IP Report, November 2005
  • “Software Patents Regain Credibility,” The European Lawyer, May 2004, (Jeffrey Sullivan, co-author)
  • “Recent High-Profile Judgments and Settlements Could Lead to Continued Increase in Litigation of E-Patents,” Baker Botts IP Report, February 2004
  • “Recent Upswing in E-Patent Litigation Likely to Continue,” New York Law Journal, December 2003, (Neil Sirota, co-author)
  • “Federal Trademark Dilution Act Requires Proof of Actual Dilution,” Baker Botts IP Report, April 2003


  • Panelist, “Local Patent Rules, Discrete AIA Litigation Issues, Interplay Of Different Fora In Which To Litigate Patent Disputes,” NYIPLA CLE Program, "The Rapidly Changing Patent Law Landscape," April, 2015
  • Speaker, “Octane, Highmark & Lexmark: The Supreme Court Provides New Tools to Combat Patent Assertion Entity Litigation,” Baker Botts Seminar, May 2014
  • Panelist, “Litigation Involving NPEs,” NYIPLA Patent Seminar, January, 2014
  • Moderator, “Cost Effective Strategies for Managing Today’s IP Controversies,” Baker Botts Seminar, October 2013
  • Panelist, “Post-Grant Proceedings Under the AIA - Strategies for Effective Use of Inter Partes Review and Other Procedures at the PTO,” Baker Botts Seminar, May 2013
  • Speaker, “Patent Litigation and the America Invents Act: One Year Later,” Rochester Intellectual Property Law Association Fall Symposium, November 2012
  • Panelist, “The Patent Reform Act (And Other Developments): The Implications For Your Patent Practice,” New York City Bar Association, January 2012
  • Speaker, “Litigation Implications of the America Invents Act,” Rochester Intellectual Property Law Association Fall Symposium, November 2011
  • Panelist, “Patent Reform Update: The America Invents Act,” Baker Botts IP Law Roundtable, November 2011
  • Speaker, “Protecting Your Company Against Patent Trolls,” Rochester Intellectual Property Law Association IP symposium, November 2005