A partner in the litigation department, Steve Baughman focuses solely on intellectual property matters and spearheads the Paul, Weiss PTAB practice. For more than 25 years, Steve has worked with leading international companies to resolve their IP and technology-focused disputes in a broad array of litigation, licensing and counselling settings. These include patent and trade secret disputes as well as trademark, copyright and other complex commercial matters. Steve has appeared before trial and appellate courts, the International Trade Commission, domestic and international arbitration tribunals, and the Patent Trial and Appeal Board (PTAB) at the US Patent and Trademark Office, and his patent litigation matters have involved both utility and design patents.
Steve is the leading practitioner nationally handling post-grant matters before the PTAB, created in 2011 as part of the America Invents Act. For example, over the first 4 and a half years of PTAB trials, Steve amassed a 47-0 record in final written decisions on behalf of challengers, invalidating every claim ruled on by the board, while also turning back key challenges on behalf of patent owners. These wins invalidated or protected patents linked to district court verdicts and market valuations totalling well over US$1 billion.
Since filing multiple proceedings in the first minutes of the PTAB’s operation, Steve has been counsel of record in more than 175 covered business method (CBM), inter partes review (IPR), and post-grant review (PGR) proceedings, including more than 60 proceedings argued through a final hearing, as well as numerous matters where his participation is not publicly known — leading IAM Patent 1000 to dub him “brilliant,” a “post-grant guru”, an “ace up [the] sleeve” and “‘an excellent strategist’ who is ‘superb on the technical detail and as up to date on recent developments in the law as it is possible to be’”. In addition to his unrivalled record on behalf of patent challengers, Steve has also obtained numerous notable victories on behalf of patent owners, including in decisions rejecting institution or confirming the validity of key litigated claims and patents. Steve also conducts strategic patent re-examinations in connection with patent disputes.
Steve was counsel on 15 of the PTAB’s first 25 CBMs, and to date has been counsel on more CBMs than any other attorney, including the first post-grant trial to reach final decision — recognised by Managing IP as Milestone Case of the Year. Steve was named Law360’s first “IP MVP” for post-grant contributions in 2013 and was short-listed for Managing IP North America Award’s Outstanding IP Litigator (PTAB) in 2016 and for LMG Life Sciences’ Post-Grant Proceedings Attorney of the Year in 2018. His work has also been recognised by The Legal 500, LMG Life Sciences Stars, and Managing Intellectual Property IP Stars (Patent Star). Steve helped to form the PTAB Bar Association in 2016 and has served as one of its officers and directors since it was created. He is currently the Association’s president. Prior to joining Paul, Weiss, Steve chaired the post-grant Patent Office trial practice at a leading firm, where he also opened their Tokyo office.
Serving clients like Amgen, Samsung, Genentech, Fujitsu, Twitter, Motorola, Sanyo Electric Co, Ltd, Simmons Bedding Company, Orbital Sciences Corporation, Olympus, Spansion, Emerson Electric and NXP, Steve has handled subject matter ranging from pharmaceuticals, semiconductors, satellites and GPS tracking systems to financial services, e-commerce, medical devices and video games. He regularly works across jurisdictions, with multiple counsel and large groups of co-defendants. He has also advised on media-related disputes and claims of plagiarism.