Baker Botts $41M Verdict Puts Patent Conflicts In Crosshairs

By Jess Krochtengel (May 15, 2014, 9:53 PM EDT) -- Baker Botts may have avoided paying damages on a $41 million patent malpractice verdict Thursday, but a Texas jury's liability finding highlights the difficulty firms face in flagging potential conflicts in patent prosecution work and is likely to spur similar malpractice suits against other large firms, attorneys say.

The jury found Baker Botts was negligent in not disclosing to former client Axcess International Inc. that the firm also represented Axcess' chief rival, and said the negligence cost Axcess $40.53 million in damages — a figure based on royalties Axcess argued it would have earned through broader patent rights had Baker Botts...

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