Barry is an IP litigator who tries cases in district courts throughout the country, at the USPTO, and at the ITC. A chemical engineer by training, Barry litigates patent disputes in the chemical, mechanical and electrical arts, and has significant experience with trademark and antitrust litigation. In addition, Barry has successfully argued appeals to the US Court of Appeals for the Federal Circuit. Outside of the courtroom, Barry assists clients with due diligence, opinions and strategic procurement of new technologies.
Barry is the Office Managing Partner of the Baltimore, MD office.
- Co-author (with Christine Dupriest), Patent Rights: What the Federal Circuit Giveth, the Supreme Court Taketh Away? The Federal Lawyer, Jan./Feb. 2013
- Co-author (with Jim Lennon), Predicting Patentability in the Unpredictable Arts: A Look Back at the Federal Circuit’s 2012 Decisions on the Obviousness of Chemical Innovations, IPWatchdog.com, January 21, 2013
- Patent Trolls Hiding in the International Trade Commission?, April 13, 2012
- What Non-U.S. Companies Should Know About the ITC, April 3, 2009
- There are Limits to How Tricky One’s Questioning Can Be, February 22, 2006
- Obviousness Standard: Leveraging Latest PTO and Court Guidance -- Overcoming Challenges of Obviousness and Attacks on Patent Validity, Strafford Webinar, June 1, 2017
- Claim Construction Caselaw Update: Mechanical and Chemical Arts, American Intellectual Property Law Association Webinar, June 9, 2015
- Obviousness Standard After the AIA: Leveraging Latest PTO and Court Guidance, Strafford Webinar, January 15, 2015
- Co-presenter (with Kristen Cramer), Hidden Dangers When Choosing Outside Counsel and Teaming Up with Similarly Situated Defendants: Ethical Implications of Beauty Contests, Hot Potatoes and Joint Defense Agreements, Association of Corporate Counsel’s Greater Philadelphia Delaware Valley Chapter (DELVACCA), Philadelphia, PA, Dec. 4, 2014
- Bar Associations:
- American Bar Association
- American Intellectual Property Law Association
- Federal Circuit Bar Association
- ITC Trial Lawyers Association.
- Registered to practice in Maryland, the District of Columbia, and the U.S. Patent and Trademark Office.
- Maryland State Bar Association, Intellectual Property Section, Chair, 2016-2017; Chair-Elect, 2015 -2016 ; Membership Chair, 2014-2015.
- Board of Directors, Boys Hope Girls Hope of Baltimore
- Board of Directors, Lehigh Lawyers Association
- Director and Coach, Severna Park Green Hornets Baseball
- The Best Lawyers in America
- Leadership in Law Awards
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
- Serving as first chair, Barry represented DynaEnergetics in a patent and trademark suit brought by GEODynamics in the Eastern District of Texas. After a four-day jury trial, DynaEnergetics obtained a complete defense verdict, including a finding of noninfringement and three different bases of invalidity for each of the patent claims. At a subsequent bench trial on the trademark “reactive,” Judge Payne issued a judgment canceling GEODynamics’ incontestable trademark, finding that it was generic. Barry also represents DynaEnergetics in two inter partes review proceedings at the USPTO.
- Barry served as first-chair litigator in a landmark patent infringement case for client Saint-Gobain, one of the world’s largest glass companies and the leading windshield manufacturer for European cars. Saint-Gobain won a $10.9 million damages award against a Chinese windshield manufacturer, and the jury found the infringement was wilful. The district court subsequently doubled the damages award and granted Saint- Gobain attorneys’ fees and costs for a total award exceeding $24 million.