Thought Leadership

Intellectual Property Report

Client Updates

2021 Intellectual Property Chambers USA Rankings
Our Intellectual Property lawyers and professionals have a deep commitment to exceptional client service. We are pleased to announce that the hard work and successes, on behalf of our clients, have been well recognized in Chambers USA this year.
Our Intellectual Property lawyers and practices were recognized by Chambers USA Nationwide, at the International Trade Commission, and in California, New York and Texas. For a full list of rankings in Chambers USA, click here.
With sincere appreciation, we want to thank you for supporting our lawyers and trusting the Baker Botts team with your legal matters.

A High Bar for Antibody Genus Claims to Meet the Enablement Requirement
Lin Sun
The United States Court of Appeals for the Federal Circuit recently issued its opinion in Amgen v. Sanofi, finding Amgen’s antibody claims invalid for lack of enablement. The Federal Circuit affirmed the District Court’s judgment as a matter of law (JMOL), holding that “the specification here did not enable preparation of the full scope of these double-function claims without undue experimentation.” This decision from the Federal Circuit highlights the perils of functional claiming of antibodies and how such claim drafting strategies could cause headaches when such claims are being enforced. Patent drafters would benefit from paying close attention to the enablement requirement in such scenarios.
To read the full article, click here.

American Axle Petitions the U.S. Supreme Court to Provide Clarity and Guidance on Section 101 Jurisprudence
Sammy Kadivar
On December 28, 2020, American Axle filed a petition for certiorari with the U.S. Supreme Court, asking it in part to provide guidance in a “bitterly divided” Section 101 case. Briefing by the parties is complete and ten amici curiae briefs were submitted, all echoing American Axle’s request that the Supreme Court provide clarity to Section 101 eligibility.
Section 101 of the Patent Act states that an inventor can patent “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” This provision is subject to three judicial exceptions: abstract ideas, laws of nature, and natural phenomena. If patent claims are directed to any of these three judicial exceptions without more, then they are deemed to be patent ineligible.
To read the full article, click here.

Virtual Event: ChIPs' Off-the-Record Conversation with Meena Harris
June 3rd, 2021
Baker Botts is a proud sponsor of the ChIPs' Washington, D.C. event with special guest, Meena Harris. The off-the-record conversation will include a moderated Q&A session with Meena and members of the DC Chapter, led by Baker Botts' Katharine Burke. Questions for consideration can be submitted while registering for the event. The event is open to members of the ChIPs Community and invited guests only.
To join the ChIPs community and to register, click here.

Fed Circuit Affirms Exclusion of Source Code Containing Hearsay
Rob Maier
A recent decision from the U.S. Court of Appeals for the Federal Circuit serves as an important reminder that those rules of evidence you studied during law school can prove critically important, including in connection with infringement issues in software patent litigation. In Wi-LAN v. Sharp Electronics, No. 1:15-cv-00379-LPS (Fed. Cir. April 6, 2021), the Federal Circuit affirmed a Delaware district court's ruling that the patentee's infringement evidence, which purported to contain the source code necessary to prove the defendant's infringement, was inadmissible because it contained hearsay and did not fall within the business record exception.
To read the full article, click here.
*This article was previously published in the New York Law Journal on May 26, 2021.

Upcoming Webinars

Ransomware Session One: Mitigation, Communication and Enforcement
June 3rd, 2021
Join us for session one of the Ransomware Series on Thursday, June 3rd as panelists---including a former general counsel, a former federal cybercrime prosecutor, and a cybersecurity expert---address best practices and key considerations for resuming normal business operations as quickly as possible, communicating with insider and outsiders, and interacting with different U.S. enforcement agencies in the event of a ransomware incident.
To register to attend this program, please click here.

FTC Rulemaking: A Solution for Federal Privacy Regulation?
June 23rd, 2021
As attempts to pass a federal privacy law have not yet come to fruition, some want to explore another avenue for a federal solution: U.S. Federal Trade Commission rulemaking.
Join us for this privacy education web conference, hosted by IAPP, during which Baker Botts Partner, Maureen Ohlhausen, and fellow panelists, will address these questions and key considerations for privacy professionals if the FTC promulgates a privacy rule. Time will be reserved for audience questions.
To register for the program, click here.

IP & Antitrust: Hot Issues
June 15th - 17th, 2021
Baker Botts in partnership with Concurrences and Oxera invite you to join our inaugural online edition of IP & Antitrust: Hot Issues. Topics will include:
• The Value of IP: FRAND Licensing of SEPs
• SEPs: Component Level Licensing, Refusals to Deal & Injunctions
• Data: Innovation, Level Playing Field & Access
To register, click here.

Baker Botts is an international law firm whose lawyers practice throughout a network of 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