Charles Baker

Charles S. Baker


Partner

 

Overview

Charles Baker is a Partner in the Houston office of Locke Lord LLP where he focuses his practice on prosecuting and defending complex intellectual property and commercial litigation matters, including patent, trademark, trade dress and copyright infringement matters, as well as trade secret and unfair competition matters. He is the Co-Chair of the Firm’s Intellectual Property Litigation Group. His experience includes significant cases involving oilfield services clients, including equipment manufacturers and service providers focused on the exploration and development of hydrocarbons. He has also represented numerous Fortune 500 high-tech companies in the computer hardware and software segments, telecommunications, medical device, internet, VoIP, data storage, and networking industries as well as a number of retail clients over the years. Charles is recognized as a leader in the field of intellectual property litigation, having been named a leading lawyer in Texas: intellectual property by Chambers USA since 2007. Most recently, Chambers lauded Charles as “an experienced trial attorney” with a client quoted “He is very easy to put in front of a jury; he has a very good courtroom manner and juries like him.” Charles is also a Fellow in the Litigation Counsel of America.

Charles has tried a number of jury and nonjury cases in state and federal court, including over 30 jury trial cases for a client facing numerous tort claims concerning the alleged misapplication of a pesticide at a large multi-family apartment complex. In addition to handling numerous intellectual property cases in federal court, he has handled nearly half a dozen intellectual property matters before the International Trade Commission (ITC). He is known for his representation of the lead defendant in the MGM v. Grokster case, which has been called the most important copyright infringement case in the 21st century.

Additionally, Charles has litigated numerous complex commercial matters, counsels clients in IP and antitrust matters, and negotiates complex licensing arrangements.

Representative Experience

Patent

  • Lead counsel for large oilfield manufacturing company in a patent infringement lawsuit involving two patents concerning perforating guns (case pending)
  • Lead counsel for a large Chinese manufacturer of electrical motors in a patent infringement lawsuit involving eight patents concerning HVAC electrical motors; prosecuted separate IPR petitions which lead to the elimination of the majority of asserted patent claims; case is currently pending
  • Lead counsel for one of the world’s largest oilfield services company in a patent infringement lawsuit against its competitor in the PDC drill bit industry; we asserted eight patents against the defendant-competitor; case settled after claim construction briefing
  • Lead counsel for one of the world’s largest deepwater offshore drilling companies in a four patent lawsuit involving dual activity drilling technology; we filed and prosecuted IPR petitions and after institution case was resolved
  • Lead counsel for a large domestic offshore drilling contractor in a multi-patent infringement lawsuit over dual activity drilling technology; IPR petitions filed and after institution case settled
  • Lead counsel for a large manufacturer of oilfield equipment in a pre-lawsuit investigation concerning a patent involving managed pressure drilling in the offshore sector (pending)
  • Lead counsel for one of the world’s largest supplier of oilfield goods and services in a patent infringement case involving closed-loop mud drilling systems; lawsuit was dismissed with prejudice after we served our invalidity contentions and pled allegations of inequitable conduct
  • Lead counsel for an international offshore drilling contractor involving a patent concerning the design of an offshore drilling platform; case settled
  • Lead counsel for a large manufacturer of oilfield related equipment in a patent infringement lawsuit brought by a competitor concerning a patent related to offshore drilling technology; case settled
  • Lead counsel for a large medical device manufacturer in a patent infringement case involving remote medical treatment; plaintiff had filed over 30 plus lawsuits over the same patent all of which settled after the court denied section 101 challenges; in the instant case we filed a section 101 challenge which the court granted for the first time; sanctions were sought and while case on appealed to the Federal Circuit lawsuit settled
  • Lead counsel for an Internet software company in the defense of a patent infringement lawsuit in California. Case settled after a Markman ruling.
  • Lead counsel for a major medical device company in a patent infringement lawsuit filed in the EDTX. Case settled.
  • Lead counsel for a supplier of remote video monitoring systems used in police vehicles that had been sued for patent infringement in New Jersey as well as representing that same client in a companion investigation before the ITC. Case settled.
  • Represented a large defense contractor in a patent infringement lawsuit brought against the Government in the Court of Federal Claims. Case subsequently settled.
  • Represented one of the world's largest wireless cellular providers in patent infringement case with damages in excess of $100 million. Case settled on appeal.
  • Represented one of the world's leading computer manufacturers in a patent infringement lawsuit. Case was dismissed via summary judgment and affirmed on appeal to the Federal Circuit.
  • Represented a large cell phone manufacturer in a patent infringement action involving eleven patents. Case subsequently settled.

International Trade Commission

  • Represented a large manufacturer of durable medical products accused of patent infringement with respect to height adjustable medical beds manufactured in China. Case settled on the eve of trial.
  • Represented a manufacturer/seller of security cameras and related devices made in China that were accused of patent infringement. Case settled.
  • Represented one of the world's largest manufacturer of DRAM chipsets that were accused of infringing over 30 patents. Case settled on the eve of trial.
  • Represented one of the world's largest manufacturers of wireless cellular phones accused of infringing over a dozen patents. Case settled on the eve of trial.

Copyright

  • Lead enforcement counsel for a large software company that licenses a proprietary software program that monitors pipeline systems and controls
  • Lead counsel for the world's most popular P2P file sharing software in a high-profile copyright infringement lawsuit in New York federal court. Damages claimed are in excess of $500 million.
  • Lead counsel for a very popular P2P software company that had been sued for copyright infringement. Case was settled.
  • Lead counsel for a large Usenet provider that has been sued in New York for copyright infringement by the Major Record Labels. Damages sought are in excess of $500 million.
  • Lead counsel a geophysical company in a lawsuit against another geophysical company for copyright infringement. Lawsuit  settled on the eve of trial.
  • Lead counsel in the Grokster case which was a high-profile copyright infringement lawsuit that has been billed as the most important copyright battle in the 21st century. Claims of contributory and vicarious copyright infringement were dismissed on summary judgment which was affirmed by the Ninth Circuit. On appeal the U.S. Supreme Court remanded the case for further proceedings in order to determine liability for a new theory of secondary copyright infringement known as inducement.
  • Represented a large marine shipping company in a software copyright infringement case and companion trade secret misappropriation case in Texas and California. Case settled.

Trademark

  • Lead counsel for a major convenience store business in multiple lawsuits over the trade dress of its stores; all cases settled with agreed injunctions
  • Lead counsel for an international manufacturer of cabling systems against a competitor for infringing its unique bullseye design of its products; case set for trial summer 2020
  • Lead counsel for a medical device company in a breach of contract and trademark infringement lawsuit involving technology with respect to glucometers in cellular phones. Obtained a summary judgment for client.
  • Counseled one of the world's largest computer manufacturers with respect to trademark and copyright issues.
  • Represented the world's most popular soft drink producer in a case of first impression involving the unauthorized sale of its products. Permanent injunction issued and substantial portions of Defendants' antitrust counterclaims were dismissed on the eve of trial. First chair bench trial resulted in verdict for client. Affirmed on appeal (argued appeal).
  • Trade dress infringement action for a large seafood restaurant chain. Case settled with an agreed injunction and payment of attorneys' fees to client.
  • Represented a national restaurant chain in its suit against a knock-off restaurant for infringement of trademarks and trade dress, misappropriation of trade secrets and unfair competition. Case settled with an agreed injunction and payment of attorneys' fees.
  • Represented a large chain of retail stores that supply home furnishings in a trade dress infringement lawsuit. Case settled with an agreed injunction and payment of attorneys' fees.

Trade Secrets

  • Lead counsel for a large manufacturer of perforating guns in a trade secret lawsuit; case settled on the eve of a preliminary injunction hearing and after extensive discovery
  • Lead counsel for a large international seismic company in the defense of a $50 million trade secret misappropriation trial that lasted over six weeks. Jury returned verdict in less than two hours totally exonerating client.
  • Lead counsel in several suits brought by a large technology outplacement company against several of its former employees for breach on their non-compete agreements and theft of trade secrets. Obtained temporary restraining orders and tried several temporary injunctions.
  • Lead counsel for a large software company that provides network management in a lawsuit against a former agent for theft of trade secrets and patent infringement. Case settled.
  • Lead counsel for a large manufacturer of alternative power devices in a trade secret misappropriation case in which damages sought were in excess of $100 million.
  • Lead counsel to a voice-over-Internet telephony company and its investors who were sued for fraud, conversion and theft of trade secrets. Damages sought were in excess of $20 million.
  • Represented a large South Korean-based consumer electronics company in a theft of trade secrets and fraud case; argued partial summary judgment motion that lead to a settlement. Damages sought against client were in excess of $1.2 billion.
  • Lead counsel for the world's largest oilfield supply company as a plaintiff in a trade secret misappropriation case filed against certain of its former officers and employees. Obtained a temporary restraining order and writ of garnishment, and eventually an agreed temporary injunction. Case settled on the eve of trial.
  • Represented one of the world's largest manufacturers of DRAM chipsets in a trade secret misappropriation lawsuit. Case settled after our motion for partial summary judgment was granted.
  • Lead counsel for a medical device manufacturer in a complex commercial and intellectual property litigation including theft of trade secrets, fraud and breach of contract issues. Plaintiffs claimed damages in excess of $50 million. Case settled after extensive trial preparations, and after defeating plaintiffs' temporary injunction motion and motion for summary judgment.
  • Represented one of the world's largest suppliers of wellhead equipment in a trade secret misappropriation and copyright infringement case. Case settled (agreed injunction and reimbursement of all expenses).

Commercial Litigation

  • Lead counsel for a large international seismic company in a lawsuit brought against its largest competitor to set aside a settlement agreement. Obtained a summary judgment that was later affirmed on appeal (argued appeal as well).
  • Lead counsel for an Internet software company in several suits involving breaches of various license agreements. All cases settled.
  • Lead counsel for a large Canadian software company in a lawsuit brought by a large car rental company concerning alleged breach of a software license. Case settled.
  • Lead counsel for software company sued for stock fraud. Cases were dismissed with prejudice.
  • Lead counsel for a Houston-based electricity provider in a securities fraud case. Lawsuit was voluntarily dismissed after a motion to dismiss was filed.
  • Represented a large California-based software company that was accused of fraud and breach of contract in Texas state court. Set aside a multi-million dollar default judgment and case settled shortly thereafter.
  • Represented one of the world's largest cell phone manufacturers in defense of several novel nation-wide class action lawsuits in which plaintiffs have asked for economic damages for the failure to include headsets in the sale of cellular phones. Obtained a dismissal of the MDL which was affirmed on appeal.
  • Represented one of the world's largest cell phone manufacturers in its coverage dispute with its insurance carriers over coverage of an MDL class action. Summary judgment granted, affirmed on appeal.
  • Represented a large South Korean-based consumer electronics company in a complex fraud and breach of contract lawsuit in which damages were sought in excess of $350 million. Case settled while jury was deliberating.
  • Lead counsel for a Big Six accounting firm defending against claims of malpractice and fraud involving approximately $50 million in damages. After partial summary judgment for client, case settled.
  • Represented a national hardware store chain in a $10 million breach of contract and business torts lawsuit. The case was mediated and settled for a sum substantially less than demanded by the plaintiffs.
  • Co-lead counsel in connection with the confirmation hearing of the nation's largest convenience store chain located in Phoenix, Arizona. Plan of reorganization was approved by the bankruptcy court after a 2-1/2 week trial.
  • Lead counsel in a one-week trial for the nation's largest jewelry store chain in a bankruptcy case in Dallas, involving the placement of approximately $185 million of debtor-in-possession financing for the company.
  • Co-lead counsel for the nation's largest bus company in a $200 million adversary claim tried in bankruptcy court in Corpus Christi, Texas for one week. Obtained a reduction of the NLRB's claim to $25 million.
  • Lead counsel in a four-day trial in Lexington, Kentucky in the bankruptcy case of a large offshore exploration and drilling company. Represented the debtor's largest secured creditor (claims were in excess of $30 million). Trial involved the debtor's attempt to obtain interim financing to drill additional offshore wells over the objections of the bank.
  • Co-lead counsel in the two-week bankruptcy confirmation hearing of one of the world's largest suppliers of gypsum board (represented the unsecured trade creditors' committee in its opposition to the plan of reorganization proposed by the debtor).
  • Member of a defense team of lawyers responsible for defeating the claims of the FDIC in the largest bankruptcy filing of a bank holding company.
  • Lead counsel for defending a land developer in federal court against charges that he and his company conspired with others to violate the Sherman Antitrust Act and the RICO statute. The plaintiff in the case had sought damages in excess of $10 million. Obtained a summary judgment dismissal and sanctions against opposing counsel, all of which were affirmed by the Fifth Circuit (argued appeal).

Professional Affiliations and Recognitions

  • Member, American Bar Association (Litigation and Intellectual Property Law sections)
  • Member, American Intellectual Property Law Association (AIPLA)
    • Trade Secret Law Committee
  • Member, International Trademark Association
  • Member, International Trade Commission Trial Lawyers Association (ITCTLA)
  • Member, Bar Association of the Fifth Federal Circuit
  • Member, Federal Bar Association
  • Member, Houston Bar Association
  • Member, Houston Intellectual Property Law Association
  • Member, Travis County Bar Association
  • Member, Defense Counsel of America
  • Member, State Bar of Texas (Intellectual Property Law and Litigation sections)
  • Fellow - Litigation Counsel of America
  • Named, Chambers USA - Texas: Intellectual Property, Chambers and Partners since 2007
  • Named, Texas Super Lawyer by Super Lawyers magazine (2005 - 2019)
  • Named, The Best Lawyers in America - Best Lawyers for Commercial Litigation, Litigation - Intellectual Property (2007 - 2020)
  • Named, The Best of the Best 2011 - Commercial Arbitration, Expert Guides (2011)
  • Named, Expert in Commercial Arbitration - Expert Guides, Legal Media Group (2011)
  • Named, Top Six IP Cases for the Year - IP Law & Business magazine, ALM Media (2004)

Speaking Engagements

  • Panelist, 11th Annual Intellectual Property Law Institute, Institute of Continuing Legal Education, 2005
  • Panelist, Price Waterhouse Intellectual Property Conferences, 1998, 1999, 2002
  • Panelist, State Bar of Florida-Intellectual Property Law Section, Annual Meeting and Conference, 2006

Community Leadership

  • St. Martin's Episcopal Church, Vestry Member, 2006