Intellectual Property Litigation

"The team is effective, bright, easy to work with and always put the client's interests first."

Chambers USA 2021

By the numbers. Baker Botts IP Litigation Practice tries high-stakes patent, trade secret and other intellectual property cases in state and federal courtrooms around the United States. Objectively, Docket Navigator ranks our IP Litigation team as holding the highest win rate (97.6% according to their study) among all other firms representing patent defendants the last five years (2016-2020).

We are recognized for our experience—both in intimately knowing our clients’ businesses and objectives, and in honing our skills by trying more of these cases than most other firms. For example, Lex Machina identified the number of defensive patent cases handled by Baker Botts’ IP Litigation Practice as among the top 5 nationwide from 2012 through 2020. Our current docket includes over 125 active patent cases and appeals in district court venues throughout the country, at the International Trade Commission, and the Federal Circuit, and we have handled more than 500 matters before the Patent Trial and Appeal Board (PTAB).

Looking Past the Numbers. IP litigation often is complex and demanding, but every case is different. Baker Botts offers a highly scalable and adaptable patent litigation platform to effectively and efficiently handle each clients’ and each case’s particular needs. That approach starts with one overriding directive: We listen to you and we develop more than a one case relationship. Our achievements in patent litigation begin with partnering closely with our clients, who are as diverse as the work we perform. We represent large multi-nationals and start-ups, as well as industry associations and research consortia. A commonality among all clients and all cases is our commitment to each case with your best business interest in mind. We accomplish this through more than courtroom experience: We are technology lawyers who know your business first, and we marry that knowledge with our IP litigation acumen. With over 180 trial lawyers with more than 240 technical degrees, our lawyers know your business before the case begins. We deeply understand the technology at issue and can quickly distill the issues to a persuasive digestible form for case decision makers. These technical backgrounds facilitate forming seamless teams for dealing with cases at the trial court, before the PTAB, and on appeal. We understand our client’s objectives and are adept at crafting creative solutions in collaboration with diverse companies we work with. We regularly share risk with our clients through alternative fee arrangements (AFAs). Our experience with the technology and in conducting thousands of these cases allows us to determine early on ways that we can risk share with our clients. We develop AFAs that align interests and ultimately further our desire to become a long-term partner with our clients.