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Finnegan
James R. Barney
Partner
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vCard
  • 901 New York Avenue, NW
  • Washington, DC 20001-4413
+1 202 408 4412
james.barney@finnegan.com james.barney@finnegan.com

James R. Barney

Partner

  • +1 202 408 4412 +1 202 408 4412
  • james.barney@finnegan.com james.barney@finnegan.com
  • 901 New York Avenue, NW
  • Washington, DC 20001-4413
  • vCard

James Barney, managing partner of Finnegan, is a nationally recognized patent litigator and appellate advocate who delivers strategic, business-focused counsel to global companies navigating high-stakes intellectual property disputes. With a proven track record as lead counsel in complex litigation and appeals, James has represented clients across a broad spectrum of industries, including those in the automotive, medical devices, chemicals, consumer electronics, financial services, and entertainment spaces, before U.S. district courts, the U.S. International Trade Commission (ITC), and the U.S. Court of Appeals for the Federal Circuit. 

Named an “Intellectual Property MVP” by Law360, James is known for his command of both the technical and legal dimensions of patent litigation. He has successfully argued claim construction and dispositive motions, led trial teams through opening and closing arguments and expert and fact witness examinations, and managed litigation strategy from pre-suit investigation through appeal. His experience extends to jury trials, bench trials, agency proceedings, arbitrations, and alternative dispute resolution (ADR) proceedings, making him a versatile advocate in any forum.  He has also assisted with patent litigations in Europe and Asia.

 

James advises multinational clients on patent portfolio strategy, licensing, and risk mitigation. He regularly provides opinions of counsel and helps clients resolve disputes efficiently while often avoiding litigation altogether. His leadership experience includes serving on the firm’s management committee and leading its appellate practice.

 

A sought-after speaker and educator, James lectures frequently in the U.S. and internationally on patent litigation and appellate advocacy. He is consistently recognized as a “Patent Star” by Managing Intellectual Property (MIP) and is ranked by Intellectual Asset Management (IAM) Patent 1000, among others in Washington, DC, for his IP litigation work.

 

James is deeply committed to pro bono service, particularly representing military veterans in appeals before the Federal Circuit and the U.S. Supreme Court. James is a graduate of the U.S. Naval Academy and served as an officer in the U.S. Navy before attending Yale Law School. His contributions have earned him recognition on the Capital Pro Bono Honor Roll. 

 

Et Cetera

  • Two-time recipient of the Dr. Joseph Rossman Memorial Award for articles “In Search of ‘Ordinary’ Meaning,” 2003; and “The Prior User Defense,” 2000.
  • Law clerk to the Honorable Raymond C. Clevenger III of the U.S. Court of Appeals for the Federal Circuit, 1999-2000.

Experience

ProSlide Technology, Inc. v. WhiteWater West Industries, Ltd.

Secured jury verdict of infringement in favor of plaintiff ProSlide Technology, Inc. in litigation involving design and utility patents related to large water rides. The jury found all patents valid, and awarded monetary damages on the infringed patents, including willful infringement by two products. Post-trial, obtained a permanent injunction excluding competitor’s infringing products from the U.S. market.

6:20-cv-02189, M.D. Fla., Judge Mendoza

Ningde Amperex Technology Limited v. Zhuhai CosMX Battery Co., Ltd.

Represented defendant CosMX in a patent infringement case in the Eastern District of Texas involving ATL’s patents related to lithium-ion battery technology. Secured a jury verdict of invalidity in favor of CosMX for two of the three asserted patents.

2:22-cv-00232, E.D. Tex., Judge Gilstrap

Adolfo R. Arellano v. Denis R. McDonough, Secretary of Veterans Affairs

Represented the veteran in an appeal to expand access to equitable tolling for claimants who are unable to timely file their claims.

Justices Roberts, Thomas, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, Coney Barrett, Jackson, 21-432, S. Ct.

Aqua Products. Inc. v. Matal

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

Intellectual Ventures I LLC et al. v. Toyota Motor Corp. et al.

Represented defendant Toyota in a patent infringement case that brought eleven utility patents against Toyota’s vehicles in the United States. After Toyota obtained IPR institutions against 8 of the 11 asserted patents, the parties settled.

2:21-CV-00389, E.D. Tex., Judge Gilstrap

In Re Certain Polycrystalline Diamond Compacts and Articles Containing Same

Secured a decisive victory for client US Synthetic Corp. (USS) at the ITC. After a full hearing, the ALJ found that respondents infringed multiple claims of USS’s patent and that the claims were valid and supported by a domestic industry, but an initial Commission ruling under § 101 temporarily prevented a finding of violation of Section 337. The Federal Circuit reversed the § 101 ruling, and on remand the ITC found a violation and issued a limited exclusion order barring infringing polycrystalline diamond products from entry into the United States, securing final relief for USS.

337-TA-1236, ITC, Judge Elliot

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Insights

Lecture

Advanced Intellectual Property Litigation: Patents and Trade Secrets Advanced Intellectual Property Litigation: Patents and Trade Secrets

November 6, 2025

New Haven

Event

Evolving U.S. Patent Strategies: AI Technological Innovation, Challenges in the Chemical and Pharmaceutical Sectors, NPE Litigation, and the Latest Trends in NPE Litigation and at the PTAB

Evolving U.S. Patent Strategies: AI Technological Innovation, Challenges in the Chemical and Pharmaceutical Sectors, NPE Litigation, and the Latest Trends in NPE Litigation and at the PTAB Evolving U.S. Patent Strategies: AI Technological Innovation, Challenges in the Chemical and Pharmaceutical Sectors, NPE Litigation, and the Latest Trends in NPE Litigation and at the PTAB

October 30, 2025

Tokyo

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

Lecture

Conference on Intellectual Property Law Conference on Intellectual Property Law

November 12-13, 2018

Plano

Lecture

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

Law360
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Professional Recognition

"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

News

Award/Ranking

Finnegan Earns Top Rankings in 2026 IAM Patent 1000 Guide; Nearly 60 Attorneys Ranked Finnegan Earns Top Rankings in 2026 IAM Patent 1000 Guide; Nearly 60 Attorneys Ranked

May 28, 2026

Intellectual Asset Management (IAM)

Award/Ranking

Finnegan Wins “Americas Firm of the Year” and “ITC Firm of the Year” at the 2026 Managing Intellectual Property Americas Awards Finnegan Wins “Americas Firm of the Year” and “ITC Firm of the Year” at the 2026 Managing Intellectual Property Americas Awards

April 10, 2026

Managing Intellectual Property

Award/Ranking

Finnegan Wins “Intellectual Property Firm of the Year” at the 2026 Benchmark Litigation Awards Finnegan Wins “Intellectual Property Firm of the Year” at the 2026 Benchmark Litigation Awards

March 12, 2026

Benchmark Litigation

Award/Ranking

Finnegan Receives More Than 20 Nominations for the 2026 Managing IP Americas Awards Finnegan Receives More Than 20 Nominations for the 2026 Managing IP Americas Awards

February 11, 2026

Managing Intellectual Property

Commentary

Rising Demand for Global IP Work Pushes Finnegan’s PEP Up Nearly 20% Rising Demand for Global IP Work Pushes Finnegan’s PEP Up Nearly 20%

January 29, 2026

The American Lawyer

Press Release

U.S. International Trade Commission Issues Limited Exclusion Order for US Synthetic in Investigation Against Foreign Diamond Makers U.S. International Trade Commission Issues Limited Exclusion Order for US Synthetic in Investigation Against Foreign Diamond Makers

December 23, 2025

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Professional Activities

  • American Bar Association
  • American Intellectual Property Law Association
  • District of Columbia Bar Association
  • Federal Circuit Bar Association
  • Virginia State Bar Association
Admissions and Education

Admissions

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

Education

Yale Law School
J.D., Law, 1999
U.S. Naval Academy
B.S., Chemistry, with honors, 1990

Clerkships

  • U.S. Court of Appeals, Federal Circuit, Hon. Raymond Clevenger

James's Practices

Appeals, Issues, and Legal Strategy
Federal Circuit and Supreme Court Appeals
Global IP Enforcement, Litigation, and Trials
Arbitration and Other ADR
Federal Circuit and Supreme Court Appeals
ITC Section 337 Investigations and Trials
Patent Litigation and Trials
Pretrial Strategies
PTAB Invalidation Proceedings: IPR and PGR
Patent Office Invalidation Proceedings
PTAB Invalidation Proceedings: IPR and PGR
Prosecution and Portfolio Management
Licensing, Pooling, and Other Transactions
Opinions and Counseling

James's Industries

Chemicals, Industrials, and Materials
Chemical
Manufacturing
Energy
Oil and Gas
Life Sciences
Medical Device and Diagnostics
Pharmaceutical
Transportation and Logistics
Automotive and Smart Mobility Tech

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