Overview

[Todd Baker] develops an intimate understanding and appreciation for the client's business position, enabling him to provide commercially driven advice.” - Washington Business Journal

W. Todd Baker is an IP litigation partner in the Washington, D.C., office of Kirkland & Ellis LLP. Todd is experienced handling post-grant matters at the USPTO including all aspects of IPR proceedings at the USPTO's Patent Trial and Appeal Board (PTAB). He advises clients on issues of patentability, derivation, inventorship and priority related to post grant matters before the PTAB as a supplement or an alternative to traditional litigation-based patent validity challenges.

Todd litigates post grant matters at the USPTO in diversified electrical and mechanical technologies, including artificial intelligence (AI), automotive related technologies - such as autonomous vehicles, clean technologies, dynamic control systems, medical devices and wireless innovation.

A recognized leader in the IP community, he has served on the Board of Directors of the American Intellectual Property Law Association (AIPLA), and he currently serves as co-chair of the IP Practice in Japan Committee for AIPLA.

Todd's honors include awards by the Washington Business Journal as a Minority Business Leader and selection as one of the top attorneys in the country for adversarial post-grant proceedings.

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Thought Leadership

Publications

“Talking Cars,” Intellectual Property Magazine, September 2019

“Prosecuting SEPs For Driverless-Car Communications Tech,” Law360, July 2019

“There's One Way That AIA Proceedings Are Very, Very Different Than the First Phase of Patent Interferences,” BNA’s Patent, Trademark & Copyright Journal, February 2017

Speaking Engagements

Moderator, IAM's Patent Litigation 2019, Washington, D.C., November 5, 2019

Presenter, Japanese Intellectual Property Association (JIPA) Seminar, November 1, 2019

Panelist, AIPLA on the Road: Latest on Patent Practice Board Before the USPTO and the PTAB, Alexandria, August 27, 2019

Panelist, AIPLA on the Road: Latest on Patent Practice Board Before the USPTO and the PTAB, St. Louis, August 20, 2019

Moderator, AIPLA Bench & Bar Program on Trial Proceedings Before the PTAB, June 27, 2019

Speaker, “Winning Tips for the PTAB Session,” Patent Law and Policy 2018, November 13, 2018

Presenter, “Standing to Appeal a PTAB Decision and Motions to Amend in AIA Trials,” AIPLA Annual Meeting IP Practice in Japan Committee Pre-Meeting Seminar, October 23–24, 2018

Panelist, PTAB Bench Bar Conference, Texas, October 17, 2018

Speaker, Current Issues at the PTAB, Webinar, November 1, 2017

Presenter, PLI's USPTO Post-Grant Patent Trials 2017, September 25, 2017

Recognition

Recognized for Patent Law by Best Lawyers in America, 2020

Named ‘IP Star’ by Managing Intellectual Property Magazine, 2019–2020

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 patent prosecution, 2012–2016, 2019

Recognized as a Prominent Practitioner by The Legal 500 U.S., 2012

Minority Business Leader Award, Washington Business Journal, 2011

Memberships & Affiliations

American Intellectual Property Law Association

  • Chair, Diversity in Intellectual Property Committee, 2011
  • Chair, USPTO Inter Partes Patent Proceedings Committee, 2008–2010
  • Vice-Chair, Interference Committee, 2006–2008
  • Vice-Chair, Diversity in Intellectual Property Committee, 2004–2006

Practicing Law Institute

  • Co-Chair of Advanced Patent Prosecution Workshop 2019, Claim Drafting & Amendment Writing

Credentials

Admissions & Qualifications

  • Admitted only in Maryland and practice is supervised by principals of the Firm
  • Registered to practice before the United States Patent and Trademark Office

Courts

  • United States Court of Appeals for the Federal Circuit
  • Supreme Court of the United States

Education

  • University of Maryland School of LawJ.D.
  • University of VirginiaB.S., Electrical Engineering