Axcess International, Inc. has filed suit against the international law firm Baker Botts for conflict of interest in intellectual property matters. If successful, the suit could cost Baker Botts millions of dollars. 

The suit was filed in the U.S. District Court for the Northern District of Texas on July 15. In the suit, Axcess claims that Baker Botts had a conflict of interest when it concurrently provided intellectual property advice to both companies, and assisted both companies to file patent applications for competing Radio Frequency Identification (RFID) technology.

Axcess claims that Baker Botts knew that Savi Group was pursuing patents for allegedly the same invention, and as a result, Axcess lost patent rights due to Baker Bott’s actions.

Specifically, Axcess International claims that Baker Botts failed to file appropriate paperwork with the U.S. Patent and Trademark Office to claim Axcess’ priority over Savi Group in relation to those patents.

Axcess is suing on the grounds of negligence, gross negligence and breach of fiduciary duty. Axcess is also suing Savi Group for patent infringement, claiming that Savi Group garnered more than $1 billion in government contract for the contended patents.

SOURCE: Jones, Leigh, "Alleged Conflict Spurs Malpractice Suit Against Baker Bogs," Texas Lawyer.com, July 16, 2010. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202463635900