Finnegan partner Donald R. Dunner spoke with Corporate Counsel about the Federal Circuit’s status as the exclusive appellate court for patent cases, recapping a recent speech he gave at the Federal Circuit Historical Society. In that Nov. 13 appearance, he rebutted remarks by Seventh Circuit Chief Judge Diane Wood that called for allowing other circuit courts to review patent appeals.
As Corporate Counsel noted, Dunner is regarded as "the dean of the patent bar—not only because of his many successes as an appellate lawyer, but also because he was instrumental in the creation of the Federal Circuit in 1982 and served as chairman of the advisory committee to the court during its first decade.” In the interview he said, “The system is healthy. It’s not perfect, but nothing is really perfect. Overall, the Federal Circuit has been a big success.” He also noted, “Since 1982 and the formation of the Federal Circuit, patent law has gone in an upward spiral. It was a backwater practice. Now it is mainstream and is a place where huge industrial decisions are made.”