Representative Arbitration Cases
Mr. Baker has served as panel chair, wing arbitrator, or sole arbitrator in numerous international and domestic matters. Below is a representative list of a few of the disputes he has arbitrated.
Representative IP Arbitration Cases include:
PHARMACEUTICAL AND BIOTECH
• Dispute involving claims of patent infringement and antitrust violations relating to the licensing of pharmaceutical patents.
• Contract dispute relating to the conduct of a Stage 2 drug trial for a drug used to treat herpes labials.
• Dispute relating to the conduct of a Stage 3 drug trial for a drug involved in cancer treatment.
• Dispute relating to the infringement of biological patents.
COMPUTER AND SOFTWARE
• Dispute relating to the licensing of computer software contracts in Russia.
• Patent infringement claim against several retailers relating to the functionality of their websites.
• Dispute relating to the operating system software of a Fortune 10 company.
• Claim for legal malpractice in connection with legal representation in a software patent infringement matter.
• Claim for malpractice in preparing and reviewing software patent assignment agreements.
• Claim against against a national retailer alleging patent infringement by its point-of·sale computer system.
ELECTRONICS AND MEDICAL DEVICES
• Claim relating to defective electronic devices shipped from Taiwan.
• Claim for discriminatory license terms in violation of European antitrust law in the licensing a pool of electronics patents.
• Patent infringement claim against a medical device for performing cryosurgery.
• Claim for patent infringement related to remote control of electronic displays.
• Claim of patent infringement with respect to technology for testing chemical compounds.
• Claim for theft of trade secrets regarding software that models the risk of various security portfolios.
• Claim by a Fortune 50 manufacturer for infringement of one of its trademarks.
• Misc. other trademark and copyright disputes relating to various products.
Representative Commercial Arbitrations include:
• Contract claim relating to the shipment of railway cars from Canada.
• Contract claim relating to the importation of vanilla beans from Africa.
• Claim for legal malpractice in connection with the representation of a subsidiary of Monaco company.
• Claim for legal malpractice and possible disbarment relating to a real estate project in Mexico.
• Claim for breach of contract and environmental pollution relating to oil drilling in Ecuador.
• Claim arising out of termination of distributorship in France.
• Dispute relating to termination of telecom joint venture in Africa.
• Claim for breach of contract to invest in a commercial project in Russia.
• Various domestic claims for breach of partnership agreements or arising out of dissolution of family businesses.
• Numerous domestic breach of contract disputes and class action claims.
Mr. Baker has mediated disputes involving an extremely wide range of subject matters. A representative list is set forth below:
• Claim of theft of trade secrets and patent infringement with respect to computer modeling technology.
• Claim against multiple companies in the luggage industry for infringement of patents relating to luggage locks that can be opened for TSA security inspections without damaging the locks.
• Numerous and varied other patent infringement and patent licensing matters.
• Numerous breach of contract claims arising under a wide variety of commercial contracts.
• Numerous and varied employment claims including wrongful termination, sex and age discrimination, and workplace harassment.
• Miscellaneous fraud, theft of trade secrets, Lanham Act, false advertising, and reverse palming off claims.
• Numerous and varied product liability claims for wrongful death or serious injury against car companies and other equipment manufacturers.
• Numerous and varied construction claims including claims for defective construction and delay damages.
• Miscellaneous claims for violation of civil rights under 28 USC Section 1983.