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Finnegan
Barbara Clarke McCurdy
Partner
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  • 901 New York Avenue, NW
  • Washington, DC 20001-4413
+1 202 408 4047
barbara.mccurdy@finnegan.com barbara.mccurdy@finnegan.com

Barbara Clarke McCurdy

Partner

  • +1 202 408 4047 +1 202 408 4047
  • barbara.mccurdy@finnegan.com barbara.mccurdy@finnegan.com
  • 901 New York Avenue, NW
  • Washington, DC 20001-4413
  • vCard
Barbara McCurdy has more than 25 years of 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 trial counsel in patent cases 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 contested proceedings at the USPTO. 

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.

Experience

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

Voglewede v. Lee

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.

Int. No. 105711, Board of Patent Appeals and Interferences, Judge Lee

Eggleston v. Lazaridis

Represented Research in Motion (Lazaridis) in a patent interference provoked by rival Motorola (Eggleston) attempting to challenge early RIM patents involving certain message "pushing" technology for electronic mail systems; judgment entered against Motorola and in favor of client RIM.

Int. No. 105,700, Board of Patent Appeals and Interferences, Judge Lee

Certain Pesticides and Products Containing Clothianidin

Defended Syngenta in ITC investigation in which Sumitomo was seeking to exclude Syngenta agricultural products from the U.S.; successfully argued for early termination of the proceeding by the administrative law judge and the full ITC. The Commission terminated Sumitomo's investigation against Syngenta based on a license arbitration agreement.

337-TA-635, ITC, Judge Bullock

Roche Diagnostics Corp. v. Home Diagnostics Inc.

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.

1:04-cv-00358, S.D. Ind., Judges McKinney, Shields

Insights

Event

Global Patent Litigation: Discovery and Measures for Preserving Evidence Global Patent Litigation: Discovery and Measures for Preserving Evidence

May 11, 2022

Munich

Prosecution First Blog

Relative Terms Sufficient for Reasonable Certainty Relative Terms Sufficient for Reasonable Certainty

April 22, 2022

At the PTAB Blog

Spotted: The Rare AIA Derivation Proceeding! Spotted: The Rare AIA Derivation Proceeding!

April 22, 2022

At the PTAB Blog

Form over Substance? Will the Real Ground Please Stand Up? Form over Substance? Will the Real Ground Please Stand Up?

January 14, 2022

Prosecution First Blog

Inventorship Fight Club: Federal Circuit Finds Insufficient Evidence for Joint Inventorship Inventorship Fight Club: Federal Circuit Finds Insufficient Evidence for Joint Inventorship

January 7, 2022

At the PTAB Blog

Multiple, Serial IPR Filings Doom Reexamination Request Multiple, Serial IPR Filings Doom Reexamination Request

October 12, 2021

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Professional Recognition

“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

News

Commentary

Fed. Circ. Clamps Down on Post-IPR Invalidity Arguments Fed. Circ. Clamps Down on Post-IPR Invalidity Arguments

February 11, 2022

Law360

Commentary

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

Law360

Media Mention

Biogen MS Drug Patent Survives Mylan's PTAB Challenge Biogen MS Drug Patent Survives Mylan's PTAB Challenge

February 6, 2020

Law360

Media Mention

Biogen Prevails in Fed. Circ. MS Drug Dispute with Forward Biogen Prevails in Fed. Circ. MS Drug Dispute with Forward

October 24, 2018

Law360

Media Mention

Women in IP Law Give Tips for Taking the Lead Women in IP Law Give Tips for Taking the Lead

October 31, 2016

Managing Intellectual Property

Press Release

Finnegan Announces New Management Team Finnegan Announces New Management Team

July 18, 2016

More

Professional Activities

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

Admissions

  • District of Columbia
  • Massachusetts
  • U.S. District Court, District of Columbia
  • U.S. District Court, D. Massachusetts
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Patent and Trademark Office
  • Supreme Court of the United States

Education

Suffolk University Law School
J.D., cum laude, 1985
Duke University
B.S.E., Mechanical Engineering, 1982

Barbara's Practices

Patent Litigation
Appeals
ITC Section 337
Patent Trial
Pre-Trial Strategy
Settlement
Patent Office Examinations
Prosecution
Patent Portfolio Management, Monetization, and Transactions
Due Diligence
Opinions and Counseling
Post-Grant Proceedings
Derivations
Interferences
IPR, PGR, and CBM

Barbara's Industries

Chemicals, Industrials, and Materials
Manufacturing
Electronics and Information Technology
Electrical and Computer Technology
Life Sciences
Medical Device and Diagnostics
Pharmaceutical
Transportation and Logistics
Automotive and Smart Mobility Tech

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