The AIA brought the most comprehensive patent reform in over sixty years, including a complete restructuring of Post-Grant Proceedings at the USPTO. This restructuring was undertaken, at least in part, to provide a faster, more affordable alternative to patent litigation in federal district court. Now, more than ever before, post-grant patent practitioners must combine a thorough understanding of patent prosecution and patent office policies and procedures with the courtroom skills of an accomplished trial lawyer.
Unlike most general practice law firms, Baker Botts offers a full-service IP practice. Our knowledge of patent prosecution, familiarity with the operations of the U.S. Patent & Trademark Office ("USPTO"), and our patent litigation experience and courtroom skills differentiate us from our competitors. This combination of skills makes Baker Botts a natural choice for our clients who are interested in taking advantage of post-grant proceedings at the USPTO.
In fact, our clients have already turned to us to assist them in over 125 cases, including:Inter Partes Review:
Lawyers in our PTAB Trials Group have already represented clients in over 115 IPRs on behalf of our clients, with many more in process. We have represented clients in IPRs all the way through trial and final written decision. For example, we recently convinced the PTAB that all claims asserted in related litigation against our client were unpatentable on multiple grounds. Representing patentees, we have also helped patent holders with PTAB rulings denying IPR before the PTAB.
Baker Botts lawyers have filed 10 CBMRs to date and are actively engaged in evaluating strategies and preparing additional petitions on behalf of multiple clients.
Of course, our PTAB Trials Group is also well-versed in conventional proceedings, such as ex parte reexamination, having filed numerous of such proceedings on behalf of our clients, in the past five years.
Our IP practice consistently ranks in the top five in surveys by various prestigious publications. Most recently, Baker Botts’ IP Practice was named an “IP VIP” in the 2015 BTI Intellectual Property Outlook Report. This recognition was given to only twelve law firms—noted as the firms best-positioned to deliver in all IP aspects including complex IP litigation, complex patent work, routine IP litigation, and routine patent work.
Companies big and small turn to Baker Botts for their most complex, high-level intellectual property needs. Baker Botts’ PTAB Trials Practice helps clients navigate the changes to the patent laws and offers significant knowledge and experience due to our philosophy of developing lawyers who have exceptional patent prosecution and patent litigation skills.