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James W. Dabney

Partner
Litigation



James W. Dabney is a litigation partner and head of the Firm's Intellectual Property and Technology Practice.  He has successfully handled jury and non-jury trials; arbitrations; preliminary injunction proceedings; PTO administrative proceedings; and appeals involving patents, trademarks, and other intellectual property rights.  Mr. Dabney is also an adjunct professor at Cornell Law School.  Prior to joining Fried Frank, Mr. Dabney was a partner in Pennie & Edmonds LLP between 1989 and 2003.  

Mr. Dabney's litigation career highlights include:

  • KSR International Co. v. Teleflex Inc., 550 U.S. 398 (2007) (arguing counsel for the prevailing defendant/petitioner in the Supreme Court and in both lower courts; winning reversal of Federal Circuit and judgment of patent invalidity)
  • Already, LLC v. Nike, Inc., 133 S. Ct. 721 (2013) (arguing counsel for the prevailing defendant/petitioner in the Supreme Court and in both lower
    courts; winning dismissal with prejudice of all claims asserting trademark infringement, dilution and unfair competition).
  • Holmes Group Inc. v. Vornado Air Circulation Sys., Inc., 535 U.S. 826 (2002) (arguing counsel for the prevailing plaintiff/petitioner in the Supreme Court and in both lower courts; winning reversal of Federal Circuit judgment and eventual reinstatement of summary judgment of trade dress invalidity)
  • Pregis Corp. v. Doll and Free-Flow Packaging Int'l, Inc., No. 1:09CV467 (E.D. Va. Apr. 27, 2010), aff'd sub nom. Pregis Corp. v. Kappos, 700 F.3d 1348 (Fed. Cir. 2012) (won patent jury trial; all 23 asserted claims held invalid for obviousness, not infringed, or both; final judgment of invalidity affirmed by Court of Appeals for the Federal Circuit)
  • Rosenruist-Gestao e Servicos LDA v. Virgin Enters. Ltd., 511 F.3d 437 (4th Cir. 2007), cert. denied, 553 U.S. 1065 (2008) (counsel for prevailing defendant/respondent in the Supreme Court and both lower courts; winning reversal of trial court decision interpreting 35 U.S.C. § 24 and eventual judgment sustaining opposition to registration)
  • eSpeed, Inc. v. BrokerTec USA, LLC; 404 F. Supp. 2d 575 (D. Del. 2005), aff'd, 480 F.3d 1129 (Fed. Cir. 2007) (won patent jury trial; all 4 asserted claims held invalid for insufficient written description)

Mr. Dabney was appointed to the faculty of Cornell Law School in 2011 and teaches an advanced patent law seminar there.  Mr. Dabney has also lectured on patent law to professional audiences throughout the United States and in Europe including three invited lectures to European Patent Office examiners and directors in The Hague (2006, 2010) and in Munich (2007).   

CONTACT INFORMATION  vcard
NEW YORK
Tel:  +1.212.859.8966
Fax:   +1.212.859.4000

PRACTICES & INDUSTRIES

EDUCATION
Cornell Law School, JD – 1979
magna cum laude
Order of the Coif
Board of Editors, Cornell Law Review
Harvard College, AB – 1976
magna cum laude
 
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