Barbara Clarke McCurdy

Partner

Barbara McCurdy, managing partner of Finnegan, has extensive experience creating, enforcing, and defending patent rights, with a particular focus on patent litigation, patent counseling, and contested patent proceedings before the U.S. Patent and Trademark Office (USPTO). She has been lead counsel in trials in the U.S. district courts, appeals before the U.S. Court of Appeals for the Federal Circuit, Section 337 investigations at the U.S. International Trade Commission (ITC), and patent interferences at the USPTO and in the courts. Her cases have involved a wide range of technologies, including computers, software, semiconductors, medical devices, chemicals, and pharmaceuticals.

A leader of the firm's patent interference practice, Ms. McCurdy's experience includes proceedings before the Board of Appeals and Patent Interferences of the USPTO, district court actions under 35 U.S.C. § 146 reviewing Board interference decisions, and district court actions under 35 U.S.C. § 291 involving interfering patents. She has been involved in over 25 patent interferences, acting as lead counsel in most.

Ms. McCurdy 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.

Ms. McCurdy has taught patent law to hundreds of law school students and patent interference law to hundreds of patent attorneys. She has lectured extensively on the effect of the America Invents Act on patent practice in the USPTO and courts.

Highlights

• Roche Diagnostics v. Home Diagnostics (S.D. Ind.). Defended Home Diagnostics, a manufacturer of blood testing equipment, against infringement allegations by competitor. Obtained summary judgment of noninfringement of one patent and a holding of unenforceability of the other patent following a bench trial.
• LifeScan v. Home Diagnostics (D. Del., N.D. Cal., Fed. Cir.). Defended Home Diagnostics in patent infringement lawsuits, securing judgments of noninfringement from two district courts, which were affirmed on appeal.
• Certain Pesticides and Products Containing Clothianidin, 337-TA-635 (ITC). Represented respondent Syngenta in a Section 337 investigation in which Sumitomo was seeking to exclude Syngenta agricultural products from the U.S.; successfully argued for termination of the proceeding by the ALJ and the full ITC.
• Vas-Cath v. University of Missouri (USPTO, D.D.C., W.D. Mo., Fed. Cir.). 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.
• Eggleston v. Lazaridis (USPTO). Represented Research in Motion (Lazaridis) in a patent interference provoked by rival Motorola (Eggleston) attempting to challenge early RIM patents; judgment entered against Motorola and in favor of client RIM.
• Voglewede v. Lee (USPTO). Represented LG (Lee) in a patent interference provoked by competitor Whirlpool (Voglewede) attempting to challenge LG refrigerator patents; judgment entered against Whirlpool and in favor of client LG.

Professional Activities

• American Bar Association (Section on Intellectual Property)
• American Intellectual Property Law Association
• Federal Circuit Bar Association