Derek Rhea

Derek Rhea

Associate
Baker & McKenzie LLP

Biography

Derek is an associate in Baker McKenzie’s Intellectual Property Practice Group based in Dallas and is registered to practice before the United States Patent and Trademark Office. His practice focuses on intellectual property litigation, patent prosecution, and technology transactions, with experience involving artificial intelligence, cybersecurity, software, optical systems, telecommunications, industrial technologies, and consumer products.

He attended the University of Illinois – Chicago School of Law, where he graduated summa cum laude, served as Managing Editor of the UIC Law Review, and was a member of the IP Patent Clinic.

Derek also served as a judicial extern at the United States District Court for the Northern District of Illinois. Prior to law school, he received his BS Physics from the Illinois Institute of Technology.

Practice Focus

Derek’s practice focuses on intellectual property with a particular focus on patent prosecution and litigation matters.

Representative Legal Matters

Patent Prosecution

  • Drafted and prosecuted U.S. and international patent applications for artificial intelligence, cybersecurity, software, telecommunications, industrial, and consumer-product technologies.
  • Prepared claim amendments and responses addressing subject-matter eligibility, anticipation, obviousness, written-description, enablement, indefiniteness, and functional-claim issues.
  • Managed continuation, PCT, foreign-prosecution, accelerated-examination, RCE, terminal-disclaimer, and post-allowance strategies across multinational portfolios.
  • Counseled clients on claim scope, invention disclosure, freedom-to-operate, patentability, and the strategic balance between patent and trade-secret protection.

Intellectual Property Litigation

  • Analyzed infringement, non-infringement, invalidity, claim construction, and subject-matter eligibility issues in patent disputes involving software, networking, optical, electrical, and mechanical technologies.
  • Supported litigation strategy in federal district courts, including the Eastern District of Texas, the District of Delaware, the Northern District of California, and the United States Court of Federal Claims.
  • Researched and developed positions concerning venue, cross-border discovery, privilege, extraterritorial infringement, summary judgment, damages, and preliminary and permanent injunctive relief.
  • Assisted with cross-border patent and trade-secret disputes, including parallel U.S. and foreign proceedings, pre-suit risk assessments, and design-around analyses.

Technology Transactions

  • Reviewed and revised intellectual-property provisions in technology, government-contracting, confidentiality, restrictive-covenant, and research-and-development agreements.
  • Conducted intellectual-property diligence for corporate transactions, including review of ownership, assignments, inbound and outbound licenses, open-source software, liens, change-of-control terms, and development agreements.

Admissions

  • U.S. District Court, Northern District of Texas (2026)
  • Texas~United States (2025)
  • U.S. Patent and Trademark Office~United States (2024)

Education

  • University of Illinois Chicago School of Law (J.D. summa cum laude; Managing Editor, UIC Law Review) (2025)
  • Illinois Institute of Technology (BS Physics) (2022)

Languages

  • English

Author, “When Statute and Judicial Doctrine Collide: Doctrine Prevails,” 24 UIC Rev. Intell. Prop. L. 70 (2024)