The Upcoming EU Unified Patent Court and Unitary Patents
The European patent system is set to undergo several significant changes in 2023. At a high level, a “Unitary Patent” system will be introduced and become available for European patents and pending European Patent applications, and a new “Unified Patent Court” (UPC) will begin operating on June 1, 2023.
This report provides an overview of notable features of the Unitary Patent system and the Unified Patent Court, and concludes by identifying particular considerations that patent owners, applicants, and litigants should be cognizant of going forward.
Freedom to Operate Analysis: Three Strategies to Efficiently Achieve Robust Results
Determining whether a new product, process, or service can be launched without infringing existing patents, commonly referred to as “Freedom to Operate” (FTO) analysis, is a critical step in virtually any commercialization effort. In highly competitive fields like today’s high tech and life science industries, however, robust FTO analysis may not only be a prerequisite for commercial launch, but also may prove beneficial earlier in commercial development, e.g., during investment and/or partnering negotiations. For example, while the ultimate goal of an FTO analysis may be to minimize the risk of future legal challenges, when performed correctly, FTO analyses can also provide actionable competitive intelligence and inform product development decisions.
Despite the importance of performing robust FTO analyses, it is equally important to ensure the resources devoted to such analyses are used efficiently. Three strategies to efficiently achieve robust FTO analyses are: (1) developing a clear understanding the product, process, or service at hand; (2) developing an effective and comprehensive search strategy; and (3) ensuring that the results of the analysis are clearly articulated and captured for future use.
GAO Provides Recommendations Into Oversight of USPTO Judicial Decision-Making
In late 2022, the United States Government Accountability Office (“GAO”) released its comprehensive study on transparency in the oversight of judicial decision-making at the U.S. Patent and Trademark Office’s (“USPTO”) Patent Trial and Appeal Board (“PTAB”). The report—titled “Increased Transparency Needed in Oversight of Judicial Decision-Making”—provided Congress and the USPTO Director and PTAB management with several recommendations to ensure greater transparency in the oversight process to stakeholders and patent judges in America Invents Act (“AIA”) proceedings.
Baker Botts' IP Department Shines in LexMachina's Patent Litigation Report 2023
We are proud to announce that our Intellectual Property Department’s Patent Litigation team obtained top rankings in LexMachina’s Patent Litigation Report 2023.
The report shows that the number of trials the team petitioned before the Patent Trial and Appeal Board (PTAB) increased by an astounding 75% between the beginning of 2020 and the end of 2022. This increase ranks the team in third place with 77 PTAB trials in 2022. LexMachina’s report also recognized Baker Botts’ patent litigation practice as having the fifth most defensive cases from 2020-2022, with a total of 154 cases across 10 district courts.
To read the full article, click here.
February 2023 Intellectual Report Recap
In case you missed it, here is a video recap of our February 2023 Intellectual Property Report that looked at:
- Vidal's Tenure May Make the PTAB a More Desirable Litigation Venue
- Favorable Public Policies Drive Uptick in Patent Applications for Hydrogen Innovations
- Danish Data Protection Authority Joins Pan-European Approach to Google Analytics
- Fourth Quarter 2022 Federal Circuit Update
ABOUT BAKER BOTTS L.L.P.
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 bakerbotts.com.