W. Todd Baker

W. Todd Baker is an Intellectual Property Litigation partner in the Washington, D.C., office of Kirkland & Ellis LLP, where he focuses significantly on post-grant matters before the U.S. Patent and Trademark Office (USPTO). His practice spans diverse technologies, including artificial intelligence (AI), autonomous vehicles, clean technologies, dynamic control systems, medical devices, and wireless innovation. Beyond the technical scope, Baker also advises clients on patent portfolio management, strategic prosecution, and enforcement.

Baker demonstrates a balanced approach to patent litigation, having represented both plaintiffs and defendants in tracked cases, with six appearances on the plaintiff side and four on the defendant side. His firm profile highlights extensive experience defending operating companies in Inter Partes Review (IPR) and Post Grant Review (PGR) proceedings before the Patent Trial and Appeal Board (PTAB). He joined Kirkland & Ellis in September 2020 to lead their growing PTAB practice, bringing over 20 years of experience in Patent Office post-grant proceedings. Prior to Kirkland, he chaired the post-grant patent practice group at Oblon, McClelland, Maier & Neustadt LLP.

His notable representations include successfully defending Agventure BV (Solynta) against an IPR challenging a patent related to hybrid seed potato breeding technology. He also represented Klein Tools, Inc. in PTAB proceedings concerning safety helmets and glow fish tape systems, achieving successful discretionary denial of institution for three PTAB petitions. Additionally, Baker acted for a social media company and affiliates in litigation and IPRs related to video coding and object recognition patents, resulting in a district court stay and a favorable PTAB decision. He also represented Nike, Inc. in patent litigation and IPR proceedings involving apparel patents, securing institution of all IPRs, a district court stay, and ultimate dismissal.

W. Todd Baker earned his J.D. from the University of Maryland in 1996 and holds a B.S. in Electrical Engineering from the University of Virginia. He is recognized for his expertise in patent law and adversarial post-grant proceedings.