Partner
Barbara's experience before the USPTO includes leading more than 20 contested proceedings before the Patent Trial and Appeal Board (PTAB). In addition to inter partes proceedings before the USPTO involving challenges to patentability and priority of invention, she also has been lead counsel in district court actions under 35 U.S.C. § 146 reviewing USPTO Board decisions and district court actions under 35 U.S.C. § 291 involving interfering patents. She has lectured extensively around the world on the strategic interplay between USPTO post-grant proceedings and litigation in district courts and the ITC.
Barbara has been recognized by Intellectual Asset Management as a leading patent litigator in the D.C. area, and nationally for post-grant procedures. Her cases have involved a wide range of technologies, including computers, software, semiconductors, medical devices, chemicals, and pharmaceuticals.
Barbara provides a range of patent counseling, including strategic patent prosecution, validity and infringement opinions, patent portfolio management, and litigation strategy. She develops strategies that meet the business goals of clients, including advising them on building patent portfolios in significant new technology areas, developing IP positions that take into account the IP landscape, advising on acquisitions or licensing of technology, and developing offensive and defensive litigation strategies. She has taught patent law to hundreds of law school students and USPTO contested proceedings practice to hundreds of patent attorneys.
Barbara served as chairman of Finnegan, following a three-year term as the firm's managing partner.
Home Diagnostics, Inc. v. LifeScan, Inc.
Represented Home Diagnostics in a patent litigation concerning blood glucose meters; securing judgments of noninfringement from two district courts, which were affirmed on appeal.
5:99-cv-21269; 5:01-cv-20725, N.D. Cal., Judges Ware, Trumbull, Seeborg
01-1428, 03-1370, Fed. Cir., Judges Rader, Dyk, Prost, Mayer, Michel
Vas-Cath, Inc. v. University of Missouri
Represented the University of Missouri in a patent interference related to hemodialysis catheters before the USPTO, two district courts, and the Federal Circuit; judgment of priority was awarded in favor of the client and against Vas-Cath.
Int. No. 103988, Board of Patent Appeals and Interferences, Judge Martin
1:03-cv-01952, D.D.C., Judge Stafford
2:05-cv-00400, W.D. Mo., Judge Fenner
06-1100, Fed. Cir., Judges Newman, Lourie, Rader
Int. No. 105711, Board of Patent Appeals and Interferences, Judge Lee
Int. No. 105,700, Board of Patent Appeals and Interferences, Judge Lee
Certain Pesticides and Products Containing Clothianidin
337-TA-635, ITC, Judge Bullock
Roche Diagnostics Corp. v. Home Diagnostics Inc.
1:04-cv-00358, S.D. Ind., Judges McKinney, Shields
Prosecution First Blog
Junior Party Agilent Wins Interference with Sufficiently Corroborated Evidence of Priority of Invention Junior Party Agilent Wins Interference with Sufficiently Corroborated Evidence of Priority of Invention
February 17, 2023
Prosecution First Blog
Estoppel Halts Repeat Examination Estoppel Halts Repeat Examination
February 10, 2023
At the PTAB Blog
No Interference Estoppel to Zynga's IPR Petition No Interference Estoppel to Zynga's IPR Petition
October 7, 2022
At the PTAB Blog
Written Description Support Pre-AIA Scuttles PGR Written Description Support Pre-AIA Scuttles PGR
October 6, 2022
“Barbara McCurdy…[features] on the national table of the top post-grant experts…McCurdy doesn't play games, but is a grounded adviser with an admirable ability to carefully think through difficult issues and present creative solutions.”
Intellectual Asset Management Patent 1000
“Also highly rated is Barbara Clarke McCurdy, who practises with the utmost integrity, peers acknowledge: ‘She’s always straight with her opponents—judges see this and appreciate it.’ Like many here, McCurdy is a versatile operator capable of emerging victorious from battle in any forum.”
Intellectual Asset Management Patent 100
“McCurdy can ‘triage issues effectively as a result of her diverse expertise.’”
Intellectual Asset Management Patent 1000
“Barbara McCurdy…[features] on the national table of the top post-grant experts…McCurdy doesn't play games, but is a grounded adviser with an admirable ability to carefully think through difficult issues and present creative solutions.”
Intellectual Asset Management Patent 1000
“Also highly rated is Barbara Clarke McCurdy, who practises with the utmost integrity, peers acknowledge: ‘She’s always straight with her opponents—judges see this and appreciate it.’ Like many here, McCurdy is a versatile operator capable of emerging victorious from battle in any forum.”
Intellectual Asset Management Patent 100
“McCurdy can ‘triage issues effectively as a result of her diverse expertise.’”
Intellectual Asset Management Patent 1000
Press Release
32 Finnegan Attorneys Recognized by Best Lawyers 32 Finnegan Attorneys Recognized by Best Lawyers
August 17, 2023
Best LawyersPress Release
29 Finnegan Attorneys Ranked by Best Lawyers 29 Finnegan Attorneys Ranked by Best Lawyers
August 18, 2022
U.S. News—Best LawyersCommentary
Fed. Circ. Clamps Down on Post-IPR Invalidity Arguments Fed. Circ. Clamps Down on Post-IPR Invalidity Arguments
February 11, 2022
Law360Commentary
More Than Fintiv: What to Know About the PTAB Revision Bill More Than Fintiv: What to Know About the PTAB Revision Bill
October 1, 2021
Law360Media Mention
Biogen MS Drug Patent Survives Mylan's PTAB Challenge Biogen MS Drug Patent Survives Mylan's PTAB Challenge
February 6, 2020
Law360Media Mention
Biogen Prevails in Fed. Circ. MS Drug Dispute with Forward Biogen Prevails in Fed. Circ. MS Drug Dispute with Forward
October 24, 2018
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