Thought Leadership

Intellectual Property Report

Client Updates

Amazon Formally Adopts Neutral Evaluation Process for Enforcing Utility Patents
Tommy Martin, Jason Spotts
As the buying and selling of goods has migrated from brick-and-mortar stores to online marketplaces, geographic boundaries have been erased, creating extraordinary new opportunities for conducting business and engaging in cross-border retail sales.  But numerous legal and regulatory issues have arisen in this competitive marketplace, particularly in the context of intellectual property rights.  Fortunately, online retailers like Amazon have made significant strides in adopting tools to help rights holders enforce their patents against infringers.

To read the full article, click here

Tools and Strategies for Efficient & Effective Chemical Composition Patent Searches
Patents directed to chemical compositions, such as small molecule pharmaceuticals, polymers, and other structurally-defined chemical compounds, as well as the use of such chemical compositions can be important assets of commercial entities and academic institutions. These inventions also provide basic foundations for products across many industries, including the pharmaceutical, petroleum, agriculture, cosmetics, and general chemical sectors. Conducting analyses of such chemical patents and patent applications is thus a common activity and will often include one or more searches to identify art relevant to the chemical compositions in question.
To read the full article, click here

Stats Show Renewed Interest In Ex Parte Reexamination
Michael Sartori, Kyle Sorenson
Since the passage of the America Invents Act, inter partes review, or IPR, and post-grant review, or PGR, have been favored over ex parte reexamination to challenge a patent’s validity at the U.S. Patent and Trademark Office.
Recently, however, the popularity of ex parte reexamination has increased.  This article provides an overview of ex parte reexamination and statistics related to the renewed interest in ex parte reexamination.  Further, considerations for the use of ex parte reexamination by third-party requestors are discussed.
To read the full article, click here.
*This article was previously published in Law360 on August 24, 2022. 
*Kyle Sorenson, a former Baker Botts associate, contributed to this article.

Baker Botts Recognized in The Best Lawyers in America
The Best Lawyers in America 2022 were announced and recognized two Baker Botts Intellectual Property partners with “Lawyer of the Year” designations, which is presented to one individual in a given geographical region and practice area:

In addition, five Intellectual Property lawyers were named “Ones to Watch":

  • Tyler Beas - Intellectual Property Law and Litigation - Intellectual Property - Dallas
  • Lindsay Volpenhein Cutie - Intellectual Property Law and Litigation - Intellectual Property - Houston
  • Michael Silliman - Intellectual Property Law and Litigation - Intellectual Property - Houston
  • Clarke Stavinoha - Intellectual Property Law and Litigation - Patent - Dallas
  • Andrew Wilson - Intellectual Property Law - DC

August 2022 Intellectual Property Report Recap
In case you missed it, here is a recap video of our August 2022 Intellectual Property Report that looked at:
  • Patent Prosecution for Lean Startups: Seven Steps for Protecting Your Early-Stage Ideas
  • Back to the Future: Upstream SEP Implementer Standing in View of the Fifth Circuit's Modified Decision in Continental v. Avanci
  • USPTO Guidance and Discretionary Denials in Post-Grant Proceedings
  • Second Quarter 2022 Federal Circuit Update

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