Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 07 MARCH 2025

Intellectual Property Report

Baker Botts L.L.P.
Baker Botts L.L.P.
Contributor
Baker Botts L.L.P.

Baker Botts L.L.P.

Baker Botts is a leading international law firm with 11 offices located in the US, Europe, and the...

View firm profile
Explore more from Baker Botts L.L.P.

This Article analyzes over 89,000 patents litigated over a twenty-year period to determine how the number of office actions to allowance during prosecution impacts rates of invalidity during subsequent litigation.

United StatesIntellectual Property
Baker Botts
Baker Botts

The Impact of Prosecution Length on Invalidity Outcomes in Patent Litigation
Matthew Avery, Arya Moshiri
This Article analyzes over 89,000 patents litigated over a twenty-year period to determine how the number of office actions to allowance during prosecution impacts rates of invalidity during subsequent litigation. Many practitioners would hypothesize that a patent with a longer prosecution history will be less likely to have an inherent validity problem. Contrary to expectations, the analysis of litigation outcomes shows that an increase in the number of office actions correlates with a heightened risk of invalidation.
Read the full article here.
*This article is excerpted from the authors' recent article in volume 38, issue 1 of the Harvard Journal of Law & Technology titled "The Myth of "Bad" Patents: Impact of Prosecution Length on Patent Litigation Outcomes."

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

UMG v. DistroKid: When AI Becomes A Consumer Protection Issue

Universal Music Group's lawsuit against DistroKid raises a critical question about AI disclosure in consumer markets: when does the use of artificial intelligence become material information that must be disclosed to consumers? The case centers on allegations that DistroKid distributed mass-generated AI music while creating the impression it was created by legitimate human artists, potentially violating existing consumer protection laws even without specific AI disclosure requirements.
United StatesIntellectual Property
Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
Article

PTAB/USPTO Update - October 2026

The USPTO has released new templates and guidance for AIA trial proceedings, announced key appointments including a Chief AI Officer, and published updated procedures for patent applications and subject matter eligibility declarations. Director Squires delivered multiple addresses emphasizing the constitutional importance of intellectual property rights while the agency expanded its community engagement efforts and international collaboration through WIPO's Global IP Assignment Platform pilot program.
United StatesIntellectual Property
WilmerHale
WilmerHale
Article

The Trademark Scam Field Guide: Look-Alike Filing Sites, Fake USPTO Notices, And How To Get Out If You’ve Been Caught

A business decides to file a trademark. Someone on the team searches for a familiar online legal-services brand, clicks the first result, and lands on a site with a similar-sounding name, a polished design, five-star reviews, and a low flat fee. The application gets filed. Months later the business learns the “service” was not who they thought it was, the filing was signed by someone with no authority to sign it, and the USPTO has suspended the application along with hundreds or thousands of others from the same shop.
United StatesIntellectual Property
Harness IP
Harness IP
Article

Is This Real? Navigating AI Impersonation Under New And Existing Laws

Is this AI-generated, or is it real? As generative AI tools have become increasingly capable of creating realistic images, videos, and audio, they have also made it easier to impersonate real people without their consent. In response, states are increasingly adopting laws that impose civil and criminal liability for certain AI-generated content that replicates an individual’s identity, likeness, voice, or other personal attributes.
United StatesIntellectual Property
Wiley Rein
Wiley Rein
Article

Booking Holdings v. Commission: General Court Clears The Way For Reverse Leveraging

The General Court of the European Union has upheld the European Commission's prohibition of Booking Holdings' acquisition of eTraveli Group, endorsing for the first time a 'reverse leveraging' theory of harm in conglomerate mergers. This landmark judgment establishes that dominant companies can be blocked from acquiring complementary businesses even when the target operates in a market where the acquirer lacks dominance, fundamentally reshaping merger control enforcement in digital and ecosystem-driven mark
United StatesAntitrust/Competition Law
Baker Botts L.L.P.
Baker Botts L.L.P.
Article

Trump Tariff Tracker – May 8, 2026

A U.S. Court of International Trade ruling struck down President Trump's global 10% tariffs under Section 122, finding them unauthorized and unlawful. Meanwhile, the administration continues to threaten increased tariffs on European automobiles and initiates reviews of existing China tariff actions. This comprehensive tracker documents the complex landscape of implemented, pending, and proposed tariff measures across multiple countries and product categories.
GlobalInternational Law
Baker Botts L.L.P.
Baker Botts L.L.P.