Patent Litigator Aims to Be the Supreme Court IP Specialist
James Dabney has big dreams. The 53-year-old patent litigator wants to tame the U.S. Court of Appeals for the Federal Circuit, and he wants to do it by becoming the U.S. Supreme Court IP specialist. In December the Fried, Frank, Harris, Shriver & Jacobson partner will appear before the high court in KSR International Co. v. Teleflex Inc.
The case centers on one of the fundamental tenets of patent law: Inventions that are obvious are not patentable. According to Dabney, who is representing KSR, the Federal Circuit has been stretching the boundaries of this standard, ignoring Supreme Court precedent. The appeals court has taken "a 20-year holiday from enforcement of the standard of patentability," he says.
Dabney is not alone in his view that the Federal Circuit has veered off course. Microsoft Corp., Cisco Systems Inc., the solicitor general and the Patent and Trademark Office, among others, have filed briefs on behalf of KSR.
Comments
Why would someone fight for patent rights for persons who he does not know and let his secretary of 10 years not get continuing benefits from Pennie & Edmonds and face being homeless and without funds?? I was with him when he argued the Holmes argument. I am now facing illness and no compensation from going to Fried Frank with him to work all night and sit all day without getting up. I am now facing a back surgery, he does not care except for "patent right????" Can anyone help me????
Posted by: Robin Zabludoff | December 28, 2006 6:52 PM