W. TODD BAKER is Chair of the firm’s Patent Interferences practice group and a leader in the Patent Post Grant 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, currently serving on the Board of Directors of the American Intellectual Property Law Association (AIPLA). Indeed, he was selected as one of the top attorneys in the country for adversarial post-grant proceedings: Patent interference chair W Todd Baker is ... extolled. “He develops an intimate understanding of and appreciation for the client’s business position”, enabling him to provide commercially driven advice.
At Oblon Spivak, Mr. Baker leads the Post Grant team responsible for mechanical technologies, nanotechnology, e-commerce and medical devices. He has extensive experience handling all aspects of post-issuance proceedings at the USPTO including reissue applications, ex parte reexamination, IPR proceedings, and appeals to the USPTO’s Patent Trial and Appeal Board (PTAB). As Chair of the firm’s Patent Interferences group, Mr. Baker leads the team, advising clients on issues of priority, patentability, derivation, inventorship, and licensing related to patent interference matters before the PTAB.
While focused on his post-grant practice, Mr. Baker also prepares and prosecutes patent applications in diversified electrical and mechanical technologies as a member of the firm’s Electrical and Mechanical Patent Prosecution groups. Among the technologies with which he has worked are automotive related, wireless innovations, medical devices, dynamic control systems, and clean technologies.
Successfully argued on behalf of Convolve that provision of 35 USC §135(b)(2) is applicable only to patent applications having effective filing date after publication date of targeted published application. Ding et al. (Seagate) v. Singer et al. (Convolve), Int. No. 105,436 (BPAI Aug. 24, 2007).
Represented Bard Access Systems in patentability dispute over stent technology. McDermott et al. (Bard Peripheral Vascular) v. Murch (TriVascular2), Int. No. 105,657 (BPAI Mar. 20, 2009).
Represented Solvay in patentability/inventorship dispute over use of clean technology which reduces SOx emissions from coal-fired power plants. Maziuk (American Electrical Power Company) v. Ritzenthaler (Solvay Chemicals), Int. No. 105,693 (BPAI Mar. 15, 2010).
Representing Motorola in patentability/priority dispute over mobile communication technology. Lazaridis et al. (Research in Motion) v. Eggleston et al. (Motorola), Int. No. 105,700 (BPAI) (ongoing).
Representing Advanced Voice in patentability dispute over speech recognition interface technology. Mitchell (AllVoice Developments) v. Holt (Advanced Voice Recognition Systems), Int. No. 105,746 (BPAI) (ongoing).
Representing Hydro-Gear in patentability/priority dispute regarding hydraulic axle technology. Acharya (Parker Hanifan) v. Hauser (Hydro-Gear), Int. No. 105,750 (BPAI) (ongoing).
Intellectual Asset Management (IAM) Patent 1000: The World's Leading Patent Practitioners, named to its list of the top 1000 patent attorneys in the world; selected as one of the top eighteen practitioners in the United States for post-grant proceedings and is a “Recommended” patent attorney in the Washington, D.C. Metro Area for his patent prosecution expertise (2012)
The Legal 500 U.S., recognized as a prominent practitioner (2012)
Minority Business Leader Award - Washington Business Journal (2011)
Registered to practice before the U.S. Patent and Trademark Office
U.S. Court of Appeals for the Federal Circuit
University of Maryland School of Law, J.D.
University of Virginia, B.S., Electrical Engineering
American Intellectual Property Law Association
Chair, USPTO Inter Partes Patent Proceedings Committee (2008 - 2010)
Vice-Chair, Interference Committee (2006 - 2008)
Vice-Chair, Diversity in Intellectual Property Committee (2004-2006)
Chair, Diversity in Intellectual Property Committee (2011)