Matthew Avery

Matthew Avery

Baker Botts L.L.P.

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The Impact of Prosecution Length on Infringement Outcomes in Patent Litigation

This article continues our analysis of over 89,000 patents to determine how the number of office actions to allowance during prosecution impacts litigation outcomes. Last month we discussed how prosecution length impacts...more

4/1/2025  /  Claim Construction , Litigation Strategies , Obviousness , Patent Applications , Patent Examinations , Patent Infringement , Patent Litigation , Patent Validity , Prior Art , USPTO

Intellectual Property Report March 2025

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...more

3/5/2025  /  Artificial Intelligence , Copyright , Intellectual Property Protection , Patent Applications , Patent Invalidity , Patent Litigation , Patent Term Adjustment , Patents , USPTO

The Impact of Prosecution Length on Invalidity Outcomes in Patent Litigation

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...more

3/4/2025  /  Claim Construction , Intellectual Property Litigation , Obviousness , Patent Applications , Patent Invalidity , Patent Litigation , Patent Trial and Appeal Board , Patents , Prior Art , USPTO
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