1. Patent Prosecution Luncheon
May 15, 2014

2. Conflict of Interest
• Baker Botts is being sued for malpractice by
Axcess International - $50M
• Axcess hired Baker Botts to draft patent
applications for RFID technology
– Baker Botts also represented Savi Technology
– Axcess International and Savi are competitors in
the RFID industry

3. Conflict of Interest
• Baker Botts did not tell Axcess that it
represented Savi
• Axcess claims that Baker Botts’ either didn’t
check for conflicts or should have realized the
conflict sooner
• Axcess could have gotten broader claim
coverage if it had different counsel

4. Conflict of Interest
• Baker Botts argues that it was not obligated to
tell Axcess about its representation of Savi
• There can never be a conflict of interest in
straight patent prosecution because it is not
an adversarial process

5. Electronic Priority Document Exchange (PDX)
Participating Countries in PDX
• United States (USPTO)
• European Patent Office (EPO)
• Japan (JPO)
• Korea (KIPO)
• World Intellectual Property Organization (WIPO)
• Finland
• Denmark
• Sweden
• China
• International Bureau
• Spain
• United Kingdom
• Australia
WIPO Digital Access Service (DAS)

6. Problems
• Issues with USPTO retrieving electronic
versions of certified copies
• China has not been issuing certified copies of
foreign applications after 16 months past filing

7. Do I file a bypass continuation application or
national phase application?
• Foreign priority country is not part of the PDX
– Recommended to file a regular US national
phase application (35 USC 371)
 Do not need certified copies of foreign priority
documents