John M. Baird has two decades of experience in defending major technology clients in patent litigation. Examples of his successes include:
- Obtaining complete defense verdict in retrial of a multi-billion dollar cybersecurity patent litigation involving nearly a dozen patents;
- 100% success rate as lead counsel for a seasoned IPR petitioner in challenging the validity of patent claims at the U.S. Patent Trial and Appeal Board; and
- Winning case-critical claim construction and summary judgment rulings in popular patent venues such as the District of Delaware and the Eastern District of Texas.
He is a United States lawyer and patent attorney with an electrical engineering background. Mr. Baird’s practice focuses on patent disputes, with an emphasis on U.S. district court litigation and inter partes reviews (IPRs) before the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO). He is experienced in patent proceedings in the United States and abroad, including Europe, from pre-filing stages through trial and appeal. He provides technical and legal analysis, conducts diligence and fact development, works with experts and witnesses, takes and defends deposition and live testimony, prepares and argues motions, and manages the day to day efforts of trial teams. He is a member of the firm’s U.S. Patent Trial and Appeal Board practice group, which has led to the firm’s consistent ranking as the number one most successful law firm in the country for petitioners in IPRs. See Unified Patents’ institutional success index (2018-202
24). He has been lead counsel in multiple IPR proceedings before the PTAB, from drafting the initial petitions through arguing in final Trial Hearings, and regularly provides direction and training for the PTAB practice group.
He has experience in international intellectual property matters, including both prosecution and international disputes. He advises clients in international IP strategy and has collaborated with foreign associates on a variety of international IP matters, including those related to patent litigation in Germany. Before joining Duane Morris in April of 2005, he clerked for a boutique intellectual property firm in Sydney, Australia. He has also lived in Germany, where he became proficient in conversational German.
Mr. Baird also has experience in prosecuting patent and trademark applications before the USPTO, as well as advising on international strategies and filings. He is a registered patent attorney in the U.S., focusing in the electrical and mechanical arts. He also has experience drafting, analyzing and negotiating intellectual property licenses, including patent, trademark and software licenses.
He represents clients in matters covering a diverse range of technologies, including data communications and networking (including WLAN/WiFi, 4G/LTE, WPAN, MoCA, OFDM, VoIP, SIP, RTP protocols, techniques and infrastructure), network security (including intrusion detection and protection systems and protocols, as well as telemetry based systems), video imaging and conferencing, data center infrastructure and virtualization, mobility (including Mobile IP and other tunneling techniques), optical fiber communications (including precoding, laser optics, modulation technologies, amplifiers, add/drop multiplexing and switching, coherent transmission and detection, demodulation and equalization), thin films and related deposition techniques, semiconductor fabrication, packaging and circuitry, digital advertising, medical devices, lighting and other consumer electronics.
Prior to his legal career, Mr. Baird served as an officer in the United States Navy, where he managed the operation and maintenance of nuclear power plants, including electrical power generation and distribution on a Nimitz class aircraft carrier.
Mr. Baird is a 2008 cum laude graduate of George Mason University School of Law, Virginia (Juris Doctorate) and a 1998 graduate of Cornell University, New York (Bachelor of Science, Electrical Engineering).
Lead counsel for petitioner in Unified Patents, LLC v. Togail Technologies, Ltd. Inter Partes Review No. IPR2023-00338. Secured institution against all challenged claims in patent directed to 5G radio access network (RAN) cellular technology.
Lead counsel for petitioner Unified Patents in Unified Patents, LLC v. Monarch Networking Solutions LLC, Inter Partes Review No. IPR2020-01708. Successfully challenged patent directed to dual-factor authentication technique for WiFi networks that leveraged a separate, cellular network. The PTAB found in favor of petitioner, holding all challenged claims unpatentable as obvious over the grounds presented. The PTAB also found in favor of petitioner on a related real-party in interest dispute.
Lead counsel representing petitioner Unified Patents in IPR challenging the validity of a patent directed to remote storage systems for mobile devices. The Patent Trial and Appeal Board agreed with our challenge and held all claims unpatentable as obvious. Unified Patents v. SynKloud Technologies, Inter Partes Review No. 2019-01655.
Lead counsel for petitioner Ruckus Wireless, Inc. in IPRs challenging the validity of patents held by XR Communications, LLC directed to wireless beam steering techniques. Inter Partes Review Nos. 2018-01018, and -01017. Argued final trial hearing for the two IPRs. The PTAB found in favor of petitioner, holding all challenged claims unpatentable and denying the patent owner’s motions to amend.
Lead counsel for petitioners Comcast Cable Communications, LLC, Cox Communications, Inc., Time Warner Cable Enterprises LLC, Verizon Services Corp. and ARRIS Group, Inc. in IPRs challenging the validity of five patents held by TQ Delta, LLC. The patents are directed to phase scrambling, low power management, and diagnostic techniques for multicarrier communications. Final written decisions found in favor of petitioners. Inter Partes Review Nos. 2017-00417, -418, 419, -420, and -422.
Represented petitioners ARRIS Group, Inc., Tellabs, Inc., Alcatel-Lucent USA, Inc., and Source Photonics, Inc. in successful IPRs of three patents held by Cirrex concerning optical waveguides and filters. In one IPR, obtained institution on all challenged claims and early judgment in favor of petitioners. Argued the final trial hearing in the other two, both of which resulted in final written decisions in favor of petitioners on all claims. Inter Partes Review Nos. 2014-00815, -1077 and -1191.
Represented petitioner Verizon Services Corp. in successful IPRs of three patents held by AIP that concern telephone call setup and transmission using a “callback” (i.e., a reverse direction phone call) from a telecommunication switch associated with the called party. The PTAB instituted all IPRs and rendered judgment in favor of petitioner on all instituted claims. Inter Partes Review Nos. 2015-01104, -1106 and -1107.
Centripetal Networks v. Cisco Systems, Inc. Case No. 2:18-cv-94 (E.D. Va.) - Complete defense verdict for Cisco Systems, Inc. in the re-trial of a $2.7 billion claim, resulting in a total victory in an 11-patent case involving cybersecurity.
SLS Manager Technologies v. Microsoft Corp., Case No. 6:23-CV-00519-AM (W.D. Tex.). Forced early voluntary dismissal in favor of Microsoft in a 3-patent case in the Western District of Texas. Patents asserted against Azure communications platforms (communication gateways, session border controllers, VoIP protocols).
Unwired Global Systems LLC v. Softing North America Holding, Inc., Case No. 1:23-cv-01171-CFC (D. Del.). Forced early voluntary dismissal in favor German company’s U.S. subsidiary, resolving patent dispute directed to networked controllers for manufacturing systems.
Oyster Optics, LLC v. Cisco Systems, Inc., 2:16-cv-01302-JRG (E.D. Tex.) and related cases. Represented defendant Cisco in a seven patent infringement action concerning 100G optical fiber communications equipment. Plaintiff withdrew six of the seven patents from the case after claim construction and other victories. Resolved before trial by securing summary judgment on a release and related exhaustion defense for the final patent, which the Federal Circuit affirmed on appeal.
TQ Delta LLC v. Comcast, Cox, Time Warner Cable, and Verizon, 15-611, -612, -615, -616 (D. Del.). Represents defendants in eight-patent lawsuit filed by TQ Delta. The technology at issue includes multicarrier (DSL, Multimedia over Coax Alliance (MoCA)) transmission details, including particular low power mode, diagnostics, and phase scrambling techniques in an OFDM environment. Six of eight patents defeated in IPRs at the Patent Office; awaiting trial on the remaining two patents.
Consolidated Work Station Computing, LLC v. Cisco Systems, Inc., (S.D.N.Y.) Represented defendant Cisco. The patent-in-suit held by CWSC pertains to fault-tolerant power supplies for powering clustered personal computer processors. Obtained early settlement.
Cirrex Systems LLC v. Verizon Communications Inc., (D. Del). Represented Verizon, Tellabs and ARRIS Group defendants as litigation counsel and IPR counsel. The technology at issue concerned various optical assemblies including waveguides, thin film filters, and masks in Optical Networking Terminals (ONTs) in the Verizon FiOS service. Obtained stay and then dismissal of cases after successful resolution of IPRs.
AIP Acquisition LLC v. Verizon Communications Inc., (D. Del). Represented Verizon defendants as litigation and IPR counsel. The five patents-in-suit concerned telephone call setup procedures, including use of data networks, VoIP, least cost routing, hybrid networks, and call hunt/simulring features. Obtained stay and then dismissal of cases after successful resolution of IPRs.
ReefEdge Networks, LLC v. Cisco Systems, Inc., (D. Del); ReefEdge Networks, LLC v. Meraki, Inc., (D. Del); and ReefEdge Networks, LLC v. Aruba Networks, Inc., (D. Del). Represented Cisco, Meraki and Aruba defendants. The three patents-in-suit concerned technology for seamless user mobility among WiFi access points in a wireless networking environment. Argued claim construction and indefiniteness at Markman hearing. Case settled for all clients.
BAE Systems Information and Electronic Systems Integration Inc. v. Aeroflex Incorporated (D. Del.) Represented Aeroflex defendants. The patent-in-suit concerned infrared countermeasure systems that use lasers to protect aircraft from incoming missiles. Argued claim construction at Markman hearing. Obtained summary judgment in favor of Aeroflex on patent infringement claims.
- Graywire, LLC v. Ciena Corp et. al., (N.D.Ga). Represented Cisco and Ciena defendants. The three patents-in-suit held by Graywire (now Cirrex Systems) were directed to various optical technology, including planar lightguide circuitry, reconfigurable add-drop optical multiplexers, optical fiber identification technology, and laser light filtration and stabilization. Obtained stay and then dismissal after successful resolution of patents in inter partes re-examination and Federal Circuit appeals.
Network Gateway Solutions, LLC v. Adtran, Inc. et al., (D. Del.). Represented defendant Cisco Systems, Inc. The patent-in-suit pertained to digital network access servers that connect remote computers over telephone line infrastructure.
- BAE Systems Information and Electronic Systems Integration Inc. v. Aeroflex Incorporated (D.Del.). Represented Aeroflex defendants. The technology involved infrared countermeasure systems that used lasers to protect aircraft from incoming missiles. Obtained summary judgment in favor of Aeroflex on trade secret and breach of contract claims.
Ellucian, Inc. v. Lori Crockett, (Fairfax County Circuit Court, Virginia). Served as Virginia local counsel for Plaintiff, Ellucian, Inc. in breach of contract, misappropriation of trade secrets and unfair competition litigation.
- Genlyte Thomas Group LLC v. Quality Sourcing Services, Inc. (C.D.Cal.). Represented QSSI defendant. Design patent directed to lighting structure.
ReefEdge Networks Deutschland GmbH v. Cisco Systems GmbH (District of Dusseldorf, Germany); related nullity action in Federal Patent Court, Munich, Germany. Partnering with German counsel, represented Cisco in defense of infringement proceedings and prosecution of nullity action running in parallel with co-pending U.S. litigation. The patent-in-suit concerned technology for seamless mobility among WiFi wireless access points.
- Cisco Systems GmbH v. ReefEdge Networks Deutschland GmbH (Federal Patent Court, Munich, Germany). With German counsel, represented plaintiff Cisco in bringing a nullity action challenging the validity of the European Patent that was the subject of a co-pending infringement action against Cisco in Germany.
Prosecuted in the area of integrated circuits on behalf of one of the world's largest independent semiconductor foundries.
Prosecuted applications for one of the largest professional engineering services firm in the world in the area of infrastructure engineering.
Negotiated trademark license with the United States Marine Corps on behalf of charitable organization that provides support for U.S. Marines and their families.
Represented Vietnam War veteran before the U.S. Court of Appeals for Veterans Claims in connection with a claim for benefits for a service connected disability, resulting in a remand in favor of the veteran. Ruling forced Veterans Administration to properly recognize angina as a compensable form of ischemic heart disease.
Patent Trial and Appeal Board (PTAB)
Trade Secret Litigation
Design Patent Litigation
International IP Litigation
Pro Bono Matters
- District of Columbia
- U.S. Patent and Trademark Office (USPTO)
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court for the Eastern District of Virginia
- U.S. Court of Appeals for the Fourth Circuit
- U.S. District Court for the Eastern District of Texas
- George Mason University Antonin Scalia School of Law, J.D., cum laude, 2008
- Cornell University, B.S. Electrical Engineering, 1998
- Duane Morris LLP, Washington, D.C., United States of America
- Partner, 2016-present
- Associate, 2009-2015
- Patent Agent, 2005-2008
- Hodgkinson McInnes Pappas Patent & Trademark Attorneys, Sydney, Australia
- Prosecution Clerk, 2004-2005
- United States Navy
- Surface Warfare Officer, Nuclear 1998-2003
Honors and Awards
- Top Rated Intellectual Property Litigation Attorney in Washington, D.C. by Super Lawyers
Named as a Super Lawyers' Rising Star in Intellectual Property for Washington, D.C., 2015-2018
- American Intellectual Property Law Association (AIPLA)
- The Institute of Electrical and Electronics Engineers (IEEE)
Selected Speaking Engagements
- Moderator, “What’s UPComing? New Developments in the Unified Patent Court,” Wiesn IP Forum, September 20, 2022
- "A Deep Dive into Preparing Winning IPR, PGR, and CBM Petitions," American Intellectual Property Law Association (AIPLA), June 2016
- "The Shifting Landscape for US Patent Disputes," Germany, June 2016
- "Joinder Motions in Inter Partes Reviews," PTAB Practice Group, July 2015
- "Real Parties in Interest in Inter Partes Reviews," PTAB Practice Group, May 2015
- "Post-Issuance Procedures Under the America Invents Act," IP Practice Group, April 2013
- "Overview of the America Invents Act," October 2012
- "Key AIA Procedures Impacting Patent Enforcement," IP Practice Group Breakout, October 2012