is a Senior Associate with Baker Botts. His practice focuses on patent litigation and intellectual property counseling. Mr. Ponder is presently working on several different patent litigation matters involving complex technologies, which include video transcoding and authoring software, enterprise iSCSI storage systems and hard drives for desktop and laptop computer systems. Intellectual property counseling matters have included assisting clients in negotiating and evaluating patent licenses, and responding to trademark and copyright infringement issues.
Since the start of the Supreme Court’s term in October, the Court has already agreed to hear two patent cases, Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corp. v. Zimmer, Inc. Both cases address the issue of willful infringement and when it is appropriate for a court to award enhanced damages under 35 U.S.C. § 284. The only question that remains is whether the Court will continue its recent trend of taking three or more patent cases a term, or whether it will revert to its longer term average of accepting only one to two patent cases. Against the wider backdrop of the Supreme Court’s shrinking merits docket, it is notable that patent law consistently draws the attention of the Court under Chief Justice Roberts. Here we take a look at four cert petitions raising patent law issues, and handicap the odds of being granted.