Trial Lawyer's Guide to Post Grant Patent Proceedings

Kenneth R. Adamo is a Chicago and New York-based trial lawyer whose practice focuses on all areas of intellectual property law, particularly patent, copyright, unfair competition, trade secret, and related antitrust matters. Ken has extensive trial experience as lead counsel in jury and nonjury cases before state and federal courts and before the U.S. International Trade Commission (USITC), as well as ex parte, inter partes, and post grant proceedings experience in the U.S. Patent and Trademark Office (USPTO) and the Patent Trial and Appeal Board (PTAB). He has had substantial experience as lead counsel in arbitrations and other alternative dispute resolution proceedings. He also actively practices before the U.S. Court of Appeals for the Federal Circuit (Federal Circuit), having appeared in 45 appeals to date.

Eugene Goryunov is an experienced trial lawyer, in the Chicago office of Haynes and Boone LLP, that represents clients in complex patent matters involving technologies from consumer goods to high technology, networking, and wireless telephony to medical devices and therapeutics. He has extensive experience and regularly serves as first-chair trial counsel in post-grant review trials (IPR and PGR) on behalf of both Petitioners and Patent Owners at the USPTO. Mr. Goryunov is also deeply involved as trial counsel in all aspects of cases in Federal courts around the country, Section 337 investigations at the USITC, and in appeals at the Federal Circuit.

David W. Higer, based in the Dallas office of Winstead PC, is an accomplished trial lawyer who has achieved success for clients in all areas of intellectual property law and related commercial disputes and every type of litigation forum. His comprehension of highly complex technical and legal issues allows him to clearly present these issues before judge and jury to quickly and successfully resolve a case.

Brent Ray is a trial lawyer in the Chicago office of King & Spalding who has first-chaired multiple cases to verdict. He has served as lead counsel for industry-leading clients, and his work has taken him to a wide variety of venues, including federal court, state court, the PTAB and the USITC. As a result of his diverse experience, Brent has been called upon to advise clients on the intellectual property and litigation aspects of corporate merger agreements and product acquisitions, and to develop and manage patent portfolios. Brent has also argued before the Federal Circuit to successfully defend a grant of summary judgment that he won below.

David L. McCombs, a partner in the Dallas and Dallas-North offices of Haynes and Boone LLP, is primary counsel for many leading corporations in inter partes review and is regularly identified as one of the most active attorneys appearing before the PTAB. David was recognized by Chambers Global 2019 for having a “strong Federal Circuit patent litigation practice and prominent PTAB expertise.” He was also described by Chambers Global 2020 as “one of the best, not just of patent practitioners but practitioners generally.” Prior to joining Haynes and Boone, he served as in-house patent counsel for a diversified technology company located in Research Triangle Park, North Carolina, with a long history of developing breakthrough chemical/material science, diagnostic, robotics, and motion management technologies.

Theodore M. Foster, a partner in the Denver office of Haynes and Boone LLP, is an inter partes and post-grant review specialist. Theo represents major corporations before the PTAB at the USPTO, and in subsequent appeals to the Federal Circuit. His expertise includes numerous arguments before the PTAB and the Court. Leveraging his broad technical background and an earlier career in IT consulting, Theo also helps companies navigate licensing opportunities—both solicited and unsolicited—in a wide range of technologies.