Robert R. Baron, Jr.

Partner
Philadelphia

Robert Baron is a partner in the Litigation and Intellectual Property Departments, the former Vice Chair of the Intellectual Property Department, and the former Head of the Intellectual Property Litigation Group. Rob is a trial lawyer whose clients hire him to handle their most complex, high-stakes, and strategically important disputes. He represents both plaintiffs and defendants in cases involving patent, copyright, and trademark infringement; the theft of trade secrets; IP ownership; the breakdown of strategic acquisitions and licensing agreements; unfair competition and false advertising; and business terminations.

Rob has litigated and tried cases, including injunction actions, before state and federal courts and arbitration panels throughout the country. He represents pharmaceutical and biotech companies, software developers, chemical companies, financial institutions, manufacturers, aerospace companies, publishers, universities and research institutions, retailers, and charitable organizations.

Experience 

Representative Matters

  • Lead trial lawyer for one of the world’s leading vaccine companies in a 10 day ICC arbitration trial, where Rob and his trial team successfully defeated a 9-figure claim sought by a licensor that claimed Ballard’s client did not use “diligent efforts” to globally commercialize an anti-viral therapy.
  • Lead trial lawyer for CSL Behring in a suit against Bayer Healthcare, relating to the supply and marketing of a recombinant Factor VIII protein therapy used for hemophilia. After bringing suit for CSL against Bayer in the District of Delaware, Rob and his team successfully obtained dismissal first of Bayer’s countersuit in its home jurisdiction, and then of the majority of Bayer’s counterclaims in the District of Delaware. The case settled soon thereafter.
  • Lead trial lawyer representing one of the world’s most prestigious medical research foundations in an international arbitration over royalties related to a breakthrough pharmaceutical product.

Professional Highlights

Professional Activities

Past Chair, Business Litigation Committee of Philadelphia Bar Association

Judge Pro Tem, Philadelphia County Court of Common Pleas, Commerce Litigation Division, assisting the court when asked in the management of settlement discussions and mediations.

Participant in Leadership, Inc., Philadelphia's premier leadership-training organization, and in the Federal Bureau of Investigation's Community Partnership Program

Recognition & Accomplishments

Managing Intellectual Property, "Litigation Practitioner of the Year" for Pennsylvania, 2021 (Nominated for 2019 and 2020); and recognized as an "IP Star" in Pennsylvania annually since 2013

IAM Patent 1000 – The World's Leading Patent Professionals, patent litigation, annually since 2013

Chambers USA, intellectual property law, 2012-2016

Named a Pennsylvania Super Lawyer, annually since 2004

AV Preeminent (highest available ranking), Peer and Judiciary Review Rating, Martindale-Hubbell 

Speaking Engagements

"Biosimilars: An Examination of the Complexities of Exclusivity and Best Practices for Protecting IP for Biologics," Ballard Spahr CLE program, Philadelphia, April 29, 2015

Panelist, Atlanta Bar Association CLE, IP SpringPosium, April 10-11, 2015

"A New Battlefield in Patent Litigation: Post-Grant Review Procedures before the Patent Trial and Appeal Board," Ballard Spahr CLE program, Philadelphia, May 7, 2014

Board Memberships & Community Service

Rob is an active community leader. He is the immediate past Co-President of the Board of Directors of Operation Understanding, a nonprofit organization devoted to improving race relations through youth education, travel, and training. Rob participated in Leadership, Inc., Philadelphia's premier leadership-training organization, and in the Federal Bureau of Investigation's Community Partnership Program.

The Philadelphia History Museum at the Atwater Kent, Board of Trustees
Member; Past Chair, Governance Committee

The Arts & Business Council, Philadelphia Chamber of Commerce

Publications

Co-author, "Federal Circuit Narrows Availability of CBM Patent Review," Ballard Spahr Alert, November 22, 2016

Co-author, "Pa. Superior Court Affirms Punitive Damage Award in Breach of Noncompetition Agreement," Ballard Spahr Alert, September 21, 2016

Co-author, "President Obama Signs Defend Trade Secrets Act into Law," Ballard Spahr Alert, May 11, 2016

Credentials 

Education

George Washington University Law School (J.D. 1992, with honors)
Member, George Washington Journal of International Law and Economics
Dean's Fellow for Legal Research and Writing

Brown University (B.A. 1988)

Admissions

New Jersey

Pennsylvania

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the District of New Jersey

U.S. District Court for the District of Colorado

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Federal Circuit