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Awards & Honors
Brent has been recognized for his legal accomplishments:
- Named one of the "World's Leading Patent Professionals" from 2014 to 2017 in the Patent 1000 guide by Intellectual Asset Management (IAM) magazine.
- Recognized by the Legal 500 (July 2017)
- Named in the Daily Journal's list of the "Top IP Attorneys in California for 2016".
- Named one of the 40 top attorneys nationwide in PTAB Post-Grant Practice in 2015 by Intellectual Asset Management (IAM Patent 1000) Magazine.
- Recognized in 2014 for High-Tech Litigation in Corporate INTL Global Awards.
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Professional Profile
Brent Babcock represents high-technology clients in every aspect of intellectual property disputes, focusing on federal district court litigation throughout the country, trials and post-grant patent proceedings before the USPTO's Patent Trial and Appeal Board (formerly the Board of Patent Appeals and Interferences), and alternative dispute resolution (ADR) proceedings (including domestic and international arbitrations). His practice also includes pre-litigation counseling, pre-interference and post-grant proceeding consulting, and appellate briefing and oral argument before the United States Court of Appeals for the Federal Circuit.
Brent heads the firm’s USPTO Trials and Post-Grant Proceedings practice group, and has been involved in more than 35 patent interferences and many reexaminations during the past twenty years. He has also been involved in more than 125 recent Inter Partes Review, Covered Business Method Review, and Derivation proceedings before the PTAB. Brent's experience and skills have led to him being named one of the 40 top attorneys nationwide in PTAB post-grant practice by Intellectual Asset Management (IAM Patent 1000) magazine.
His litigation practice emphasizes handling patent cases, although he has also successfully represented numerous clients in trademark, trade dress, copyright, trade secret, unfair competition, and false advertising matters.
Brent’s cases have involved a vast array of technologies and products, including manufacturing equipment, medical devices, biotechnology and molecular biology, pharmaceuticals, semiconductor processing, cellular communications, surgical procedures, electronic gaming and toys, and the automotive aftermarket.
Clerk Experience
Legal intern to the Honorable Glenn L. Archer, Jr., Circuit Judge, U.S. Court of Appeals for the Federal Circuit, August 1990 to May 1991.
Specializing In
Cases, Articles, Speeches & Seminars
Articles, Speeches & Seminars
- Author, "Is the PTAB pendulum poised to swing back?"Daily Journal (April 2018)
- Co-author, "The continuing CRISPR patent battle: the Broad Institute loses a key European patent " MedCity News (January 2018)
- Author, "The Legal Battle Around CRISPR Gene-Editing Technology and Its Implications," Biotechnology Law Report (April 2017)
- Presenter, "The PTAB - Past, present, and Future", Korean Patent Attorneys Association, Seoul, Korea (October 2017)
- Panelist, "USPTO and Plain Meaning of Terms" Webinar, Intellectual Property Owners Association (May 2015)
- Presenter, "2014 Patent Update for Medical Device Companies - USPTO Post-Grant Proceedings: Lessons Learned After 2 Years," IN3 Medical Device Summit, San Francisco (November 2014)
- Panelist, "Understanding New Proceedings for Challenging Patent Validity,” 2013 Patent Disputes Forum, Santa Clara, CA (November 2013)
- Panelist, "Important Developments in Intellectual Property and How They Impact Your Business," IP Impact - Silicon Valley, Palo Alto, CA (September 2013)
- Panelist, "Post-Grant Proceedings under the America Invents Act," Los Angeles Intellectual Property Law Association (LAIPLA) “Washington in the West” Conference, Los Angeles, CA (January 2013)
- Panelist, "Dealing Strategically with the America Invents Act," IP Impact - Silicon Valley, Palo Alto, CA (September 2012)
- Panelist, "Strategic Implications of the America Invents Act," IP Impact - Silicon Valley, Menlo Park, CA (October 2011)
Media Mentions
- Quoted in "Patent Owners Unclear On Telling Juries About AIA Wins," an article published in Law360 (January 23, 2018)
- Quoted in "European Patent Office Revokes Broad's Gene-Editing Patent," an article published in Bloomberg BNA - Health Care (January 19, 2018)
- Quoted in "Special Report - Outlook 2018: Pharma/Life Sciences Law and Policy,""Patents: Future of Inter Partes Review", an article published in Bloomberg Law's BNA's Patent, Trademark & Copyright Journal (January 5, 2018)
- Quoted in "Special Report - Outlook 2018: Pharma/Life Sciences Law and Policy,""Patents: CRISPR Legal Battle", an article published in Bloomberg Law's BNA's Patent, Trademark & Copyright Journal (January 5, 2018)
- Quoted in "PTAB Limits Value Of Sovereign Immunity Patent Deals," an article published in Law360 (December 22, 2017)
- Quoted in “Irell's Andrei Iancu, Trump's Pick for PTO Director,” an article published in Law.com IP (August 28, 2017)
- Quoted in “There May Still Be Hope For Assignor Estoppel At The PTAB,” an article published in Law360 (August 21, 2017)
- Quoted in “Biopharmas Should Stay Course as High Court Mulls Patent Reviews,” an article published in Bloomberg BNA (August 11, 2017)
- Quoted in “US Supreme Court Case Could End Patent Office Reexaminations Procedure,” an article published in Medtech Insight (July 27, 2017)
- Quoted in “What To Do Until Justice Resolve AIA Constitutionality,” an article published in Law 360 (June 16, 2017)
- Quoted in "Why the University of California is Appealing the CRISPR Patent Decision," an article published in The Atlantic (April 14, 2017)
- Quoted in "PTAB Judge 'Troubled' By Current State Of Law On Reviews," an article published in Law360 (March 23, 2017)
- Quoted in "Editas breathes sigh of relief as CRISPR ruling handed down," an article published in MedCity News (February 15, 2017)
- Quoted in "Patent Ruling for Crispr Gene Editing Favors the Broad Institute," an article published in The Wall Street Journal (February 15, 2017)
- Quoted in "Patent Board's Immunity Finding A Win For State Universities," an article published in Law360 (January 30, 2017)
- Quoted in "Some Consensus in the CRISPR Patent Case," an article published in MedCity News (December 19, 2016)
- Quoted in “Breakthrough Gene Technology Attracts Investors Amid Patent Dispute,” an article published in The Wall Street Journal (September 22, 2016)
- Quoted in “Time is Right for Tackling Blocking Patents,” an article published in The Recorder (July 1, 2016)
- Quoted in “What Litigants Need to Know about PGRs,” an article published in Law360 (June 15, 2016)
- Quoted in “4 Things To Know About PGRs After 1st-Ever Final Decisions,” an article published in Law360 (June 15, 2016)
- Quoted in “Supreme Court to Review Apple-Samsung Patent Damages,” an article published in The Recorder (March 21, 2016)
- Quoted in “A Billion-Dollar Patent Fight Over Gene Editing Hits The Courts,” an article published in Stat (February 25, 2016)
- Quoted in "Fed. Circ. Says Same PTAB Panel Can Begin, End AIA Reviews," an article published in Law360 (January 13, 2016)
- Quoted in “Don't Hold Back AIA Arguments, Fed. Circ. Ruling Shows,” an article published in Law360 (January 7, 2016)
- Quoted in “Fed. Circ. Affirms Game Show Network's Gaming Patent Win,” an article published in Law360 (December 15, 2015)
- Quoted in “Fed. Circ. Laments Ambiguities in Gaming Patent Row,” an article published in Law360 (December 10, 2015)
- Quoted in “Canon Can't Get PTAB to Nix Intellectual Ventures Patent,” an article published in Law360 (October 2, 2015)
Professional Memberships
- PTAB Bar Association
- American Intellectual Property Law Association (AIPLA)
- American Society of Mechanical Engineers (ASME)
- Society of Manufacturing Engineers (SME)
- Christian Legal Society (CLS)
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