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Intellectual Property Report

Client Updates

Blockchain and the Internet of Things: A New Frontier of Intellectual Property
Ali Dhanani and Chris Sabbagh*
The cost and availability of computing power has drastically changed over the past few decades, facilitating the rise of the Internet of Things (“IoT”), an assortment of devices, like refrigerators, thermostats, or even healthcare accessories, that collect and convey data through the Internet.
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*Chris Sabbagh, a Baker Botts summer associate, assisted in the preparation of this article.

IP Pitfalls in Virtual Worlds: Issues to Consider During Development
Ryan Clark
The market for Virtual Reality (VR) and Augmented Reality (AR) technologies has been projected at $150 billion in 2020 and $209.2 billion in 2022. As VR/AR technologies are developed, there are important intellectual property (IP) issues that should be considered to avoid or mitigate legal risk that could derail the profitability of VR/AR systems. This article provides a brief overview of IP issues relevant to VR/AR, including real-world IP rights in VR/AR, virtual IP rights in the real world, patent rights, copyrights, and the right of publicity. Given how new VR/AR technologies are, these issues largely involve open questions as to how IP law written for the “real” world might be shaped to fit the virtual world.
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IAM Patent 1000 2018 Rankings
Baker Botts has again received high recognition in IAM Patent 1000: The World’s Leading Patent Professional 2018 – a guide identifying the top patent professionals in key jurisdictions around the globe. IAM Patent 1000 ranks Baker Botts coast-to-coast in the United States and globally and recognized 19 Baker Botts Intellectual Property lawyers. To view Baker Botts’ full list of rankings in the IAM Patent 1000 please click here.

Can We Be FRANDs?: TCL Commc’n Tech. Holdings, Ltd. v. Telefonaktiebolaget LM Ericsson
Paul Ragusa and Yan-Xin Li
In TCL Commc’n Tech. Holdings, Ltd., et al. v. Telefonaktiebolaget LM Ericsson, et al., the United States District Court for the Central District of California issued a decision addressing so-called FRAND terms in connection with the enforcement of certain Standard Essential Patents (SEPs). Owners of SEPs, which include claims determined to be technically “essential” to practice certain industry standards, often make voluntary statements regarding a commitment to license such intellectual property to third parties on terms that are fair, reasonable, and non-discriminatory (i.e., “FRAND”). However, the meaning of those same terms—and particularly “non-discriminatory” in connection with the instant case—is open to interpretation. Moreover, the benchmark for determining a “reasonable” royalty for a FRAND-encumbered patent has not yet been clearly defined. In TCL v. Ericsson, the Court set forth a royalty rate calculation for the essential patents at issue—a rare undertaking by a federal court, and perhaps the first instance of a district court doing so for an entire patent portfolio.
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*This article first appeared in The AIPLA Antitrust News in May 2018.

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ABOUT BAKER BOTTS L.L.P.
Baker Botts is an international law firm of approximately 700 lawyers practicing throughout a network of 13 offices around the globe. Based on our experience and knowledge of our clients' industries, we are recognized as a leading firm in the energy, technology, and life sciences sectors. Since 1840, we have provided creative and effective legal solutions for our clients while demonstrating an unrelenting commitment to excellence. For more information, please visit bakerbotts.com.

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