Intellectual Property Litigation

Baker Botts lawyers know IP cases because we understand the law, we understand complex litigation, we understand juries and we understand technology.

Baker Botts’ IP Practice was named an “IP VIP” for 2015.

BTI Intellectual Property Outlook Report, 2015

In addition, we have experience litigating in key venues around the world, including:

  • All levels of the federal court system
  • Patent Trial and Appeal Board
  • International Trade Commission
  • Federal Circuit appeals
  • Patent Court and the Court of Appeal
  • Matters before the UK and European Patent offices

Our IP Litigation lawyers have the technical education and experience to understand the most sophisticated technology and to communicate comfortably and confidently with engineers and scientists. For juries, we know how to translate complex information into lay terms. Collectively, we hold over 165 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, and because of this, we are proficient at explaining complex technologies to judges and juries who lack technical backgrounds.

Our case preparation focuses on what matters – the objectives of our clients and developing and executing a strategy to achieve those objectives. While we frequently achieve our clients’ objectives without trial through settlement, alternative dispute resolution and tactical summary judgment practice, we try cases when necessary and have the right courtroom experience to effectively litigate in virtually any venue.

We try high-stakes patent, trade secret and other intellectual property cases in state and federal courtrooms around the United States, and are particularly adept at defending suits brought by non-practicing entities. Our reputation 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 respect that reputation, they are often motivated to explore all settlement possibilities before trial.

In addition to these trial results, we handle numerous patent cases before the International Trade Commission. Our experience in ITC proceedings, representing both complainants and respondents, provides us with the knowledge to effectively litigate ITC actions. We have a thorough knowledge of the ITC, its investigative staff and its administrative law judges. Our IP Litigation team includes a former President of the ITC Trial Lawyers Association.

We closely monitor ITC complaint filings on behalf of our clients to act immediately when a complaint is filed. Often, the complainant has had significant time to prepare its infringement case and the respondent must use what little time there is to formulate its defenses before discovery starts. Because the deadlines for discovery in the ITC are as little as 10 days and the hearing to determine liability for infringement usually occurs about 6 months after filing, every day counts in an ITC proceeding.