Partner
James has broad experience in all aspects of patent litigation, including drafting and arguing claim-construction and summary-judgment motions, examining and cross-examining fact and expert witnesses at trial, and managing day-to-day litigation activities. He has tried cases before juries, judges, and arbitrators and has been involved in numerous private mediation and other alternative dispute resolution (ADR) proceedings. He has also tried several cases before the U.S. International Trade Commission (ITC).
In addition to his litigation practice, James advises clients on a wide variety of patent matters, including licensing and patent procurement strategies. He writes opinions of counsel and assists clients in settling disputes without litigation. He previously served as a member of the firm's management committee and as leader of the appellate section for a four-year term.
James is a frequent lecturer in the United States and abroad. He is currently on the faculty of the Advanced Federal Circuit course for Patent Resources Group, and he is the author of the Appeals chapter of the PLI Patent Litigation treatise.
James devotes a portion of his time to pro bono matters. He has worked extensively with military veterans and has argued numerous veterans' appeals before the U.S. Court of Appeals for the Federal Circuit. He has been recognized on the Capital Pro Bono Honor Roll.
Represented patent owner Aqua Products/Fluidra in appeal involving robotic pool cleaners; successfully petitioned Federal Circuit for en banc review of statutory burden of proof issue; en banc court changed legal standard and vacated invalidity ruling against Fluidra.
15-1177, Fed. Cir., Judges Chen, Dyk, Hughes, Lourie, Moore, Newman, O'Malley, Prost, Reyna, Taranto, Wallach
337-TA-561, ITC, Judge Luckern
2:08-cv-00632, W.D. Wash., Judge Jones
Manitto Technologies, Inc. v. Toyota Motor Corp.
2:14-cv-01116, E.D. Tex., Judge Gilstrap
11-1247, Fed. Cir., Judges Dyk, Linn, Rader
Bruce N. Saffran, M.D., Ph.D. v. Abbott Laboratories
2:09-cv-00256, E.D. Tex., Judges Everingham, Folsom, Gilstrap, Payne, Ward
IP Updates
Finnegan to Argue Before the Supreme Court on Behalf of Navy Veteran Finnegan to Argue Before the Supreme Court on Behalf of Navy Veteran
October 3, 2022
Event
Conference on Intellectual Property Law Conference on Intellectual Property Law
November 12-13, 2018
Plano
Event
Patent Resources Group Advanced Courses Patent Resources Group Advanced Courses
October 7-12, 2018
Lake Tahoe
Articles
ITC Not Treating PTAB Decisions Like Other Agency Rulings ITC Not Treating PTAB Decisions Like Other Agency Rulings
November 30, 2017
Law360Conference
Court of Appeals for Veterans Claims Bar Association Law Conference and Annual Meeting Court of Appeals for Veterans Claims Bar Association Law Conference and Annual Meeting
October 20, 2017
Washington
Event
Patent Resources Group Advanced Courses Patent Resources Group Advanced Courses
October 15-20, 2017
Indian Wells
"Barney is a stellar advocate for his patrons, who operates in a diverse set of industries."
Intellectual Asset Management Patent 1000
“One Section 337 regular says: ‘James is responsive, professional and knowledgeable about the Commission, and willing and able to work through all of the complexities of representing non-US companies in what is a very fast-paced forum.’”
Intellectual Asset Management Patent 1000
“...James Barney has been a key player in the patent community...”
Law360
“Impressing all who cross his path, whichever forum it is in, Barney is ‘an amazing lawyer.’
Intellectual Asset Management Patent 1000
“He doesn’t get rattled, works quickly and is a thoughtful and practical team player who never lets ego get in the way of progress.”
Intellectual Asset Management Patent 1000
“Wizards at the Federal Circuit include James Barney, a ‘long-term strategic thinker who takes away a lot of the squabbling and pettiness in litigation…’”
Intellectual Asset Management Patent 1000
“James Barney, Lionel Lavenue and Doris Johnson Hines have all engaged in Section 337 investigations recently and are three of the best all-round patent litigators on deck.”
Intellectual Asset Management Patent 1000
"Barney is a stellar advocate for his patrons, who operates in a diverse set of industries."
Intellectual Asset Management Patent 1000
“One Section 337 regular says: ‘James is responsive, professional and knowledgeable about the Commission, and willing and able to work through all of the complexities of representing non-US companies in what is a very fast-paced forum.’”
Intellectual Asset Management Patent 1000
“...James Barney has been a key player in the patent community...”
Law360
“Impressing all who cross his path, whichever forum it is in, Barney is ‘an amazing lawyer.’
Intellectual Asset Management Patent 1000
“He doesn’t get rattled, works quickly and is a thoughtful and practical team player who never lets ego get in the way of progress.”
Intellectual Asset Management Patent 1000
“Wizards at the Federal Circuit include James Barney, a ‘long-term strategic thinker who takes away a lot of the squabbling and pettiness in litigation…’”
Intellectual Asset Management Patent 1000
“James Barney, Lionel Lavenue and Doris Johnson Hines have all engaged in Section 337 investigations recently and are three of the best all-round patent litigators on deck.”
Intellectual Asset Management Patent 1000
Commentary
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December 18, 2023
The National Law JournalMedia Mention
Water Ride Maker Infringed Rival's Patents, Jury Finds Water Ride Maker Infringed Rival's Patents, Jury Finds
November 13, 2023
Law360Press Release
Finnegan Secures Jury Verdict for ProSlide Ahead of IAAPA Expo Finnegan Secures Jury Verdict for ProSlide Ahead of IAAPA Expo
November 10, 2023
Award/Ranking
54 Finnegan Attorneys Named to 2022 Capital Pro Bono Honor Roll 54 Finnegan Attorneys Named to 2022 Capital Pro Bono Honor Roll
July 21, 2023
Press Release
Managing Intellectual Property IP Stars: Finnegan Scores Top Patent Rankings Across the Board Managing Intellectual Property IP Stars: Finnegan Scores Top Patent Rankings Across the Board
July 13, 2023
Managing Intellectual PropertyPress Release
Finnegan Receives Top Rankings from Intellectual Asset Management; 46 Attorneys Ranked Finnegan Receives Top Rankings from Intellectual Asset Management; 46 Attorneys Ranked
June 30, 2023
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