Donald Dunner has had significant success overturning jury and other verdicts handed down by lower district courts, and has earned the reputation of being one of the finest litigators in the country. Mr. Dunner served as chairman of the Advisory Committee to the CAFC for the first ten years of the Court’s existence. He was instrumental in the drafting of its rules. Over the years, he has had a very active patent practice before the Court. The New York Times reported that he has argued more Federal Circuit cases than any other litigator in the United States. He is also the Chair of the Advisory Board of John Marshall’s Center for IP, Information and Privacy Law and was the keynote speaker at its 61st Annual IP Conference.
We along with several other attorneys represent ParkerVision, the plaintiff, which secured a $173 million infringement verdict that the courts subsequently threw out based on their own assessment of the evidence. In this case, the roles of courts and juries are front and center. The Federal Circuit has been dismissive of jury findings. As Judge Newman has observed, the Federal Circuit frequently “reweigh[s] the evidence to reach [the court’s] preferred result, rather than considering whether substantial evidence as presented at the trial supports the verdict that was reached by the jury.” Other judges and scholars have concurred in this view.
Written by Don Dunner: ”Fifty-four years ago, a lawyer in the prime of his career was appointed by President Eisenhower to serve as a judge on the Court of Customs and Patent Appeals (CCPA). Within weeks if not days of that appointment, then Chief Judge of the CCPA, Noble Johnson, chose as his sixth and last law clerk a second year law student. Giles Sutherland Rich was the new judge; I was the new law clerk. Little did I realize at the time that the new judge on the block was about to embark on a judicial odyssey that would extend just short of the 21st century and that would propel him into the rarified atmosphere occupied only by true giants of the profession.”