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W. Todd Baker
is a partner with Oblon, McClelland, Maier & Neustadt, L.L.P. Mr. Baker is Chair of the firm’s Patent Interferences practice group and a leader in the Post-Grant Patent practice group. With significant experience in both patent reexamination and interference cases, Mr. Baker is uniquely positioned to advise clients on post grant USPTO proceedings such as inter partes review (IPR) and covered business method (CBM) review proceedings, providing alternatives to traditional litigation-based patent validity challenges. Mr. Baker is a recognized leader in the IP community, having served on the Board of Directors of the American Intellectual Property Law Association (AIPLA). For more information, or to contact Mr. Baker, please visit his firm profile page.
Recent Articles by
PTAB Administrative Trials: Where Are We Now?
While the PTAB statistics demonstrate the profound effect that the AIA trials have had on issued patents, it seems to have the greatest impact on non-manufacturing patent assertion entities (PAE). With the increased tendency of district courts showing a willingness to grant stays of the concurrent litigation, the AIA trials have become an effective weapon against PAE. However, nevertheless, it is not surprising that with any dynamic system we have seen a settling process where institution rates have been dropping and the information provided by the PTAB in its publication of informational and precedential decisions has served to provide clarity to those practicing before the PTAB in administrative trials.