Representative Litigations
Mr. Baker has represented the following companies in the categories of disputes listed below:
Intellectual Property Cases
• A major manufacturer of terminals and electronic banking equipment in a patent suit relating to competitors’ terminals.
• Four Fortune 500 companies in a suit relating to ethernet technology.
• 45 major national retailers in a patent infringement action involving retail computer systems.
• A Fortune 50 company in a patent dispute relating to the audio functionality of its product.
• A manufacturer of medical devices for performing cardiac surgery in a dispute that involved patent infringement actions in Canada and the US and a proceeding in the ITC.
• Six Fortune 500 companies in a patent suit relating to their automated delivery services.
• Over 30 companies in separate patent suits relating to the functionality of their internet services.
• A major teaching hospital with respect to theft of trade secret and breach of contract claims arising out of the transfer of patent rights.
• A Fortune 100 company in a suit alleging infringement of a patent relating to the sale of gift cards.
• A Fortune 100 company in a suit relating to its encryption technology.
• A leading maker of medical equipment in a patent infringement claim.
• An individual inventor against a Fortune 500 company, resulting in an award of substantial damages to the client.
• A major national automotive parts retailer in defense of a claim alleging infringement of a patent relating to electronic parts catalogues.
• A manufacturer of terminals used for the trading of stocks against multiple patent infringement suits brought by a competitor.
• A Fortune 500 insurance company in a case that successfully established infringement of a mark identifying one of its variable annuity funds.
• A Fortune 50 manufacturer in a case that successfully enforced one of its trademarks.
• Numerous retailers in various copyright infringement cases.
• A major manufacturer of men’s suits in a claim for theft of trade secrets against an internationally known designer of men’s fashions.
International Cases
• A large Dutch manufacturer of candies in a dispute with its American distributor in California.
• A major American oil company in a dispute over rights to acquire a French corporation.
• A Russian entrepreneur in a commercial dispute with a leading French bank.
• A British aerospace company in a contractual dispute with an American company.
• A French aerospace company in a dispute with an American company.
• A major New York bank in a suit against a leading Greek bank over rights to a multimillion-dollar payment transmitted from the Middle East.
Miscellaneous Cases
Before specializing in intellectual property litigation and international arbitration, Mr. Baker was a partner with a leading firm in Boston where he handled a wide variety of commercial and tort litigation. A representative list of some of his clients and types of cases is set forth below:
Product Liability and Other Torts
• A major US auto company in New England cases alleging that its vehicles spontaneously jumped from park to reverse, in cases alleging defective gas tanks, and in miscellaneous other matters.
• Another major US auto company in a case involving alleged spontaneous vehicle fires and in miscellaneous other matters involving death or serious bodily injury.
• A major manufacturer of elevators and escalators in connection with numerous and varied claims arising out of injuries incurred while riding its products.
• A printing press company in defense of a claim for injury incurred by an employee while operating its press.
• A major farm vehicle and trucking companies in claims related to the design of its step-gas-tank means of entry into the cabs of their vehicles.
• Various other clients in connection with miscellaneous product liability claims of all types.
• Multiple clients in connection with varied claims alleging tortious interference with contract, fraud, breach of fiduciary duty, and/or unfair and deceptive business practices.
Antitrust
• Four major motion picture film distributors in connection with various antitrust claims, including claims alleging “block booking” of films.
• A manufacturer of racing tires, New England race tracks, and race car drivers association against claims of price fixing and group boycott that resulted in a favorable First Circuit decision declaring a new sports exception to the antitrust laws.
• Other companies in claims of improper geographical restrictions, improper customer restrictions, and re-sale price maintenance.
Breach of Contract
• A franchisor in claim for wrongful breach of franchise agreement.
• A partner in a claim for wrongful breach of a business partnership agreement.
• Family members in a claim for breach of contract and other claims related to the dissolution of a family business enterprise.
• Other companies in connection with a wide variety of contract claims, including failure to pay for merchandise and services, breach of warranty, failure to indemnify, breach of UCC provisions regarding the sale of goods, and disputes regarding the ability to recover consequential damages.
Construction
• A major hospital in connection with claim of defective roofing.
• Miscellaneous other owners, contractors, and sub-contractors in connection with various claims for defective construction and project delay.
Insurance
• A major national insurance company in a case seeking recovery of double indemnity benefits where the insured had disappeared more than seven years previously and had never been found.
• Miscellaneous other insurers in connection with claims under general liability and property damage policies.
Trade Secrets
• A manufacturer of felt filters in connection with a claim against a competitor for theft of trade secrets.
• A manufacturer in a claim for theft of clothing designs against a former employee.
• Other companies in various suits for theft of trade secrets, including the theft of customer lists and business marketing plans.
Other
• Jail inmates in a major pro bono case alleging unconstitutional prison overcrowding.