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James R. Barney

At (Long) Last, a Supreme Court Debut

January 28, 2014

The AmLaw Litigation Daily

“There’s a reason Donald Dunner is known as the dean of the patent bar. He’s argued more than 160 cases at the U.S. Court of Appeals for the Federal Circuit—a record—and the Federal Circuit’s chief judge has dubbed him a ‘superstar advocate.’” And at age 82, he told AmLaw, “There’s a first time for everything.” On Feb. 26, Dunner will argue his first case before the U.S. Supreme Court, speaking on behalf of Allcare in the “closely watched” case Highmark Inc. v. Allcare Health Management Systems, Inc. Dunner prevailed for Allcare before the Federal Circuit. When he appears at the Supreme Court, he plans to take a different approach as the high court focuses on a very specific question, while the Federal Circuit addresses many issues. “And,” he noted, “the Supreme Court is not just there to correct errors, but to decide the law that has far-reaching consequences.” In preparing for his Supreme Court debut, Dunner said “The time needed to prepare depends on the case. But I always spend as much time as I need to completely master the issues so I will be able to answer any questions that could be asked.” Adding, “I make every minute count.”

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