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James R. Barney

Law360's IP Groups of the Year

January 3, 2011

Law360

In a year packed with major intellectual property rulings, Finnegan earned a spot among five other law firms in Law360's IP Groups of 2010. The IP Groups of 2010 series honors firms that potentially influenced intellectual property jurisprudence for years to come through compelling arguments in cases that aimed at reforming the system as IP rights become an increasingly important asset for clients. Finnegan was chosen for its leading role in two of the most significant patent cases of 2010: the closely watched Bilski suit over the legitimacy of business method patents and i4i case with Microsoft over the standards for proving patent invalidity. Finnegan claimed a victory during Bilski as the court narrowly upheld the viability of business method patents and struck down the U.S. Court of Appeals for the Federal Circuit's machine-or-transformation test. Microsoft appealed a $290 million patent infringement judgment in i4i's favor and in a big win for i4i the Federal Circuit affirmed the ruling and subsequently declined to rehear the case en banc. The U.S. Supreme Court has agreed to review the i4i case to consider whether there should be a lower evidentiary standard for proving invalidity when certain prior art is not considered by the patent examiner during prosecution, and attorneys say that whatever the outcome, the decision is likely to have an enormous impact on the patent litigation landscape.

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