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The Contingency

Law, Strategy, and Risk in Commercial Disputes

2025, Barry Barnett

de novo

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Clear Error Test Governs Review of Patent Rulings, Supreme Court Holds

By Barry Barnett on January 20, 2015

The U.S. Supreme Court held 8-2 today that the Federal Circuit may no longer ignore some rulings by trial court judges on how to construe patent claims. The outcome marks a major victory for parties that win the often-decisive battles over claim construction in Markman hearings in district court.

In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.…

Posted in Intellectual Property

Will High Court Curb the Federal Circuit?

By Barry Barnett on March 31, 2014

Federal CircuitA rule that has applied in patent cases since 1998 may go the way of Chevy Cobalt ignition switches.

"Deference, I Don't Have to Show You any Stinkin' Deference" riffed on a line from The Treasure of the Sierra Madre (1948), in which Gold Hat, posing as a Mexican Federale, says…

Posted in Intellectual Property

District Judge, Sitting on Federal Circuit, Fusses About De Novo Review

By Barry Barnett on February 25, 2010

U.S. District Judge Ron Clark today used his seat on a Federal Circuit panel as soapbox for speaking out against de novo review of Markman rulings.

In Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996), the Court snatched from juries the task of deciding what operative words in a patent mean.  The Court held that…

Posted in Antitrust

Barry Barnett, Susman Godfrey L.L.P.

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Website: https://www.susmangodfrey.com/attorneys/barry-barnett/

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About This Blog

Barnett is a Fellow in the American College of Trial Lawyers, a partner in Susman Godfrey’s Dallas and New York offices, and a graduate of Yale University and Harvard Law School. With three decades of trial work representing both plaintiffs and defendants, Barnett is a master strategist in complex commercial litigation.

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