James R. Barney focuses on patent litigation and appeals. He has served as lead counsel in numerous litigation and appellate matters in a variety of technologies, including the automotive, medical, chemical, consumer electronics, financial, and amusement fields. In 2017, James was selected as an Intellectual Property MVP of the Year by Law360.
James has broad experience in all aspects of patent litigation, including drafting and arguing claim-construction and summary-judgment motions, examining and cross-examining fact and expert witnesses at trial, and managing day-to-day litigation activities.
He has tried cases before juries, judges, and arbitrators and has been involved in numerous private mediation and other alternative dispute resolution (ADR) proceedings. He has also tried several cases before the U.S. International Trade Commission (ITC).
In addition to his litigation practice, James advises clients on a wide variety of patent matters, including licensing and patent procurement strategies. He writes opinions of counsel and assists clients in settling disputes without litigation. He serves as a member of the firm’s management committee and served a four-year term as leader of the appellate section.
James is a frequent lecturer in the United States and abroad. He is currently on the faculty of the Advanced Federal Circuit course for Patent Resources Group, and he is the author of the Appeals chapter of the PLI Patent Litigation treatise.
James devotes a portion of his time to pro bono matters. He has worked extensively with military veterans and has argued numerous veterans’ appeals before the U.S. Court of Appeals for the Federal Circuit.
Education :
Yale Law School J.D., Law, 1999
U.S. Naval Academy B.S., Chemistry, with honors, 1990
Clerkships :
U.S. Court of Appeals, Federal Circuit, Hon. Raymond C. Clevenger III
Admissions :
District of Columbia
Virginia
U.S. Patent and Trademark Office
Professional Activities :
Federal Circuit Bar Association
American Intellectual Property Law Association
American Bar Association
District of Columbia Bar Association
Virginia State Bar Association
Cost
Rate : $$$
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Thank You Mr. Barney For Standing Up For Military Veterans!
I am following your case with Mr. Arellano with the “Supreme Court to decide if vets missing disability benefits deadlines will get back pay,” as mentioned in the Air Force Times by Leo Shane III on Feburary 23, 2022.
I served in the armed forces in the late 90’s until after “Attack 911.” I like many other veterans incurred multiple injuries leading up to temporary partial paralysis shortly after being honorably discharged from the military where I remained living overseas. The partial paralysis I developed left me homeless overseas while literally fighting for my life! I learned of the VA, not during indoc of the military or during the two week military honorable discharge meeting to adapt to civilian living. I learned about it through much older veterans trying to get help.
I got myself into the VA. They started running all kinds of tests. They suspected MS. I learned about military compensation which I could get if I filed within a year. I told them I was in the year window but from what I can “remember?” they did not direct me to the compensation office which I would of completed papers for had I been directed there. But contrary, i recall being in an office talking about my toxic exposures, which I recall filling out a form for. But at the time I had no official diagnosis of all my symptoms, becoming increasingly worse lingering back to military service.
They did a spinal tap but the procedure did not proceed normally as expected. A lady came into the room and put the needle in my back, not once but likely over a 100 times in the lower portion of my back over a 40 minute time frame sending electrical sensations down both of my legs. She said, “You are brave.” She stabbed different areas in my lower spine. I painfully watched the large dial clock on the wall. A male physician came in and told her she was doing it wrong. He took over. I was not left in the hospital to rest but instead to go home, where ever that may be. The experience still to this day gives me nightmares. After the procedure, this file would get shifted into a pile of “records not to be released to the patient”. I then was sent to MRI about five minutes before shift change. I was put under the machine and within less than five minutes taken out. I asked if I could get the brain MRI and they said they only do audio recordings of what they see. The record would later be reported as being normal. Half of my face swelled up and nurses past pointing, saying my name, and laughing at me. I would not be checked into some appointments. It would be reported I had been a no show, after checking in.
I requested homeless housing, which there was no room for but was told maybe a three month waiting list. The heat complicated my symptoms, hearing sounds of cracking in my head as my face continued to swell. I at one point had difficulty with moving my left arm, which I kept at times in an arm sling. When I finally got out of that area I was living in, by taking out a military loan to get me state side, I started seeking care through the VA.
I went from one nightmare into another stateside. My mother felt helpless, not knowing what to do as she sat by my side just sobbing when I told her it hurt when she only touched my skin trying to comfort me. I started seeking care at the VA stateside, at a time still prior to the exposed 2014 VA scandal of patient wait times, canceled appointments, etc…all of which I had sent in letters to government officials in about 2004, ten years prior to the news exposure. A month or so past when the VA I previously attended overseas was being investigated and a newspaper article came out about it.
The VA stateside begin falsifying my brain MRI reports in 2004, at a time I filed for compensation stateside but never heard back about it. My mental health exam was reported to me to being normal. This report was at some point changed but I was never informed about it. When I confronted my doctor about “files not to be released to the patient”, he told me he had to speak to his supervisor. I was instructed to return another time. All future appointments were canceled. I was told he transferred but has seen him pass me in the hall prior to trying to check in at the front desk.
I began practicing walking down my dad’s driveway and eventually down the hillside and back. It was a slow painful process but I was getting nowhere with the VA. I got myself into a factory job, which was very painful, and civilian medical insurance did not go far. I ended up in $30,000 medical debt under my civilian insurance policy. I barely brought in $12,000 a year. I tried to keep a diary at that time, to try to remember day to day what I did, what I owed, etc..as my memory and speech was affected. I tried to pay my dues as an honest citizen. At one point I could not keep the diary anymore. The horror I went through, I could not rehash on by looking at the diary.
I tried searching for natural remedies which to this day I do not know if I may of stumbled across something. Within a month and a half, I noticed my symptoms improving and I paid out of pocket for a brain MRI. The brain MRI was normal. A civilian doctor ran neurological tests on me and saw nothing wrong.
I always mentally told myself when lying in the VA bed overseas, after a nurse said they suspected MS, that I would go out and do what I think I lacked confidence in doing. I would one day join an Academy that trains for future officers of the military and merchant marines. Was I wrong in having aspiring dreams? The VA doubled down on my medical aliments, time and time again asking if all my symptoms were just stress. Official diagnosis would come years upon years later.
I joined the maritime academy. I was doing very well academically in school and was the flag leader. It was short lived. Within that year on-board the training ship, I experienced another what was later determined in court files, a relapse of symptoms going back to military service with no official diagnosis or treatment. I felt traumatized as all the old haunts came flooding back, lost and confused of what I was dealing with. I had told my civilian doctor and VA, as noted in VA files I was looking to go to the maritime academy. They had no reservations or concerns of me attending, based on my medical symptom history. Again, all at a time of the VA cover-ups that had been going for a decade prior to the 2014 exposure. My civilian doctor would complete and sign off on the medical physical, as well as the VA. The VA would notate in my file my past medical history, on the day she completed and signed the form attesting I had no medical history. I told her my concerns of her saying there is no history and writing and signing to that. I could not get the VA to acknowledge having a history. It’s like I did not exist. The deposition file would include these files, of the history she wrote in her file the day she completed and signed the academy physical. In the court, the ruling would conclude the university stating that the physical is to be completed by a physician. But ultimately the court would rule in the defendants favor mentioning that they did not know my medical history, the same history in the medical discovery file to include “files not to be released to the patient.” This left me with more medical debt and mounting college debt.
During the court case, the man from the university in the court case quit or was fired from his job at the time of court case filing. He began working at a woman’s shelter where I was reluctant to run into him again as I was homeless again after college. He wrote on his Facebook page about how women ruin cohesion in the military. This was the first counselor I confined in about my medical and sexual assault history at the university. He was a military counselor. My history got spread across the university, and I again lost trust in others.
At the shelter, I was told it was mandatory to seek counseling to remain at the shelter. I ran into the former military counselor office at the shelter and literally froze when handed a form with his name on it. I told them I could not do this. I was again told it was mandatory and I told them he is in a current court case with me while I was homeless. I was referred to the VA. The VA psychiatrist leaned over, slammed her hands on the desk, and yelled. She yelled, “You really think all these things happened to you?” I talked about assaults, medical history, and a former VA privacy complaint. It took me months to report her. I was crippled with trauma and fear and ongoing nightmares I still have from all of this. She was transferred to another VA. When I was accidentally matched with her again when I moved,, they told me she transferred and set me up to see someone else. In 2015, at PTSD and back diagnosis would happen. In 2017, they eventually rated a TBI injury, and other injuries finally diagnosed. I sent files for a recoup to back when I first got out of the military, when I sought treatment at the VA but only dated me back a year.
When I received about a year settlement, I was homeless at that time after a wrongful termination from an apartment after reporting to police someone tried to break into my apartment while I was inside.
A week passed and overheard neighbors talking about breaking in to “F with her.” The neighbors with criminal histories were put into the housing units. The VA expedited my housing into the unit, which was unsafe.
My boyfriend was in another state fighting the Hurricane and floods and shortage of food. I was in another state fighting homelessness. I told him I was headed back somehow regardless of how bad it was. I had initially traveled up north looking for other medical help. That is when the VA settlement came in.
I found a home I liked and figured under a VA home loan, there would be nearly no money down. But then I was literally hanging on a thread, wondering if the loan would be approved. A history of defaulted student loan debt lingered over me. I told them I was 100% disabled but at IU (Individual Unemployability). The real estate office gave me about $100 to $150 I could use during that time while they determined if I would get approved for the home loan. As you know, that doesn’t go far but from many times of being homeless, you learn how to make it work. The lenders said I had to pay it off or wait months to see if the loans could be waived, but didn’t see that happening. I took the plunge, talked down the debt with a up front settlement. I only had enough for the proceeds of the house then and had no money remaining for food when I was holding the key to my first house. Luckily, two days passed and it was Veterans Day. I got some free meals. I sought some local support for food and roughed out the next few months.
During that time, I had two falls hitting my head at my new home. I had not come to realize how bad things had become with my left side at that point and how stairs would become problematic for me. I finally started finding answers to what I was dealing with. But to this day, as of almost two years ago, I had another VA managed MRI. The report was written up “contrast” was done with IV but my words are “it was not done.” Why are we up to 2020-2022 from going way back to former MRIs with the VA 2003, 2004..still not properly reporting MRI tests? I still wait in 2022 for a proper test. When will I get closure? I still get pain in my back, hip, and predominately weakness down my left side, with sometimes right sided issued from compensating. I have requested a back MRI in the past, opposed to an xray but still waiting.
When I speak to a psychiatrist about my past at the VA I have been told there is no reason to talk about these things. It is a waste of time. There would be no need to continue care. I did mention that dealing with the VA exasperates..my symptoms with nightmares and anxiety. My boyfriend has worked part-time but no longer works. He helps me when I’m not well but at the same, it has taken a toll on him not knowing how he can financially help us. I tell him we do with what we have and can do. I’ve been not completely incapacitated for caretaker assistance but at the same, I don’t feel comfortable reapplying, as all medical care has to go through the VA, which at times has lied and failed me. This leaves me with more anxiety and nightmares.
Continue the fight to the finish. Thank you for your TRUE support for veterans!
Thank You Mr. Barney For Standing Up For Military Veterans!
I am following your case with Mr. Arellano with the “Supreme Court to decide if vets missing disability benefits deadlines will get back pay,” as mentioned in the Air Force Times by Leo Shane III on Feburary 23, 2022.
I served in the armed forces in the late 90’s until after “Attack 911.” I like many other veterans incurred multiple injuries leading up to temporary partial paralysis shortly after being honorably discharged from the military where I remained living overseas. The partial paralysis I developed left me homeless overseas while literally fighting for my life! I learned of the VA, not during indoc of the military or during the two week military honorable discharge meeting to adapt to civilian living. I learned about it through much older veterans trying to get help.
I got myself into the VA. They started running all kinds of tests. They suspected MS. I learned about military compensation which I could get if I filed within a year. I told them I was in the year window but from what I can “remember?” they did not direct me to the compensation office which I would of completed papers for had I been directed there. But contrary, i recall being in an office talking about my toxic exposures, which I recall filling out a form for. But at the time I had no official diagnosis of all my symptoms, becoming increasingly worse lingering back to military service.
They did a spinal tap but the procedure did not proceed normally as expected. A lady came into the room and put the needle in my back, not once but likely over a 100 times in the lower portion of my back over a 40 minute time frame sending electrical sensations down both of my legs. She said, “You are brave.” She stabbed different areas in my lower spine. I painfully watched the large dial clock on the wall. A male physician came in and told her she was doing it wrong. He took over. I was not left in the hospital to rest but instead to go home, where ever that may be. The experience still to this day gives me nightmares. After the procedure, this file would get shifted into a pile of “records not to be released to the patient”. I then was sent to MRI about five minutes before shift change. I was put under the machine and within less than five minutes taken out. I asked if I could get the brain MRI and they said they only do audio recordings of what they see. The record would later be reported as being normal. Half of my face swelled up and nurses past pointing, saying my name, and laughing at me. I would not be checked into some appointments. It would be reported I had been a no show, after checking in.
I requested homeless housing, which there was no room for but was told maybe a three month waiting list. The heat complicated my symptoms, hearing sounds of cracking in my head as my face continued to swell. I at one point had difficulty with moving my left arm, which I kept at times in an arm sling. When I finally got out of that area I was living in, by taking out a military loan to get me state side, I started seeking care through the VA.
I went from one nightmare into another stateside. My mother felt helpless, not knowing what to do as she sat by my side just sobbing when I told her it hurt when she only touched my skin trying to comfort me. I started seeking care at the VA stateside, at a time still prior to the exposed 2014 VA scandal of patient wait times, canceled appointments, etc…all of which I had sent in letters to government officials in about 2004, ten years prior to the news exposure. A month or so past when the VA I previously attended overseas was being investigated and a newspaper article came out about it.
The VA stateside begin falsifying my brain MRI reports in 2004, at a time I filed for compensation stateside but never heard back about it. My mental health exam was reported to me to being normal. This report was at some point changed but I was never informed about it. When I confronted my doctor about “files not to be released to the patient”, he told me he had to speak to his supervisor. I was instructed to return another time. All future appointments were canceled. I was told he transferred but has seen him pass me in the hall prior to trying to check in at the front desk.
I began practicing walking down my dad’s driveway and eventually down the hillside and back. It was a slow painful process but I was getting nowhere with the VA. I got myself into a factory job, which was very painful, and civilian medical insurance did not go far. I ended up in $30,000 medical debt under my civilian insurance policy. I barely brought in $12,000 a year. I tried to keep a diary at that time, to try to remember day to day what I did, what I owed, etc..as my memory and speech was affected. I tried to pay my dues as an honest citizen. At one point I could not keep the diary anymore. The horror I went through, I could not rehash on by looking at the diary.
I tried searching for natural remedies which to this day I do not know if I may of stumbled across something. Within a month and a half, I noticed my symptoms improving and I paid out of pocket for a brain MRI. The brain MRI was normal. A civilian doctor ran neurological tests on me and saw nothing wrong.
I always mentally told myself when lying in the VA bed overseas, after a nurse said they suspected MS, that I would go out and do what I think I lacked confidence in doing. I would one day join an Academy that trains for future officers of the military and merchant marines. Was I wrong in having aspiring dreams? The VA doubled down on my medical aliments, time and time again asking if all my symptoms were just stress. Official diagnosis would come years upon years later.
I joined the maritime academy. I was doing very well academically in school and was the flag leader. It was short lived. Within that year on-board the training ship, I experienced another what was later determined in court files, a relapse of symptoms going back to military service with no official diagnosis or treatment. I felt traumatized as all the old haunts came flooding back, lost and confused of what I was dealing with. I had told my civilian doctor and VA, as noted in VA files I was looking to go to the maritime academy. They had no reservations or concerns of me attending, based on my medical symptom history. Again, all at a time of the VA cover-ups that had been going for a decade prior to the 2014 exposure. My civilian doctor would complete and sign off on the medical physical, as well as the VA. The VA would notate in my file my past medical history, on the day she completed and signed the form attesting I had no medical history. I told her my concerns of her saying there is no history and writing and signing to that. I could not get the VA to acknowledge having a history. It’s like I did not exist. The deposition file would include these files, of the history she wrote in her file the day she completed and signed the academy physical. In the court, the ruling would conclude the university stating that the physical is to be completed by a physician. But ultimately the court would rule in the defendants favor mentioning that they did not know my medical history, the same history in the medical discovery file to include “files not to be released to the patient.” This left me with more medical debt and mounting college debt.
During the court case, the man from the university in the court case quit or was fired from his job at the time of court case filing. He began working at a woman’s shelter where I was reluctant to run into him again as I was homeless again after college. He wrote on his Facebook page about how women ruin cohesion in the military. This was the first counselor I confined in about my medical and sexual assault history at the university. He was a military counselor. My history got spread across the university, and I again lost trust in others.
At the shelter, I was told it was mandatory to seek counseling to remain at the shelter. I ran into the former military counselor office at the shelter and literally froze when handed a form with his name on it. I told them I could not do this. I was again told it was mandatory and I told them he is in a current court case with me while I was homeless. I was referred to the VA. The VA psychiatrist leaned over, slammed her hands on the desk, and yelled. She yelled, “You really think all these things happened to you?” I talked about assaults, medical history, and a former VA privacy complaint. It took me months to report her. I was crippled with trauma and fear and ongoing nightmares I still have from all of this. She was transferred to another VA. When I was accidentally matched with her again when I moved,, they told me she transferred and set me up to see someone else. In 2015, at PTSD and back diagnosis would happen. In 2017, they eventually rated a TBI injury, and other injuries finally diagnosed. I sent files for a recoup to back when I first got out of the military, when I sought treatment at the VA but only dated me back a year.
When I received about a year settlement, I was homeless at that time after a wrongful termination from an apartment after reporting to police someone tried to break into my apartment while I was inside.
A week passed and overheard neighbors talking about breaking in to “F with her.” The neighbors with criminal histories were put into the housing units. The VA expedited my housing into the unit, which was unsafe.
My boyfriend was in another state fighting the Hurricane and floods and shortage of food. I was in another state fighting homelessness. I told him I was headed back somehow regardless of how bad it was. I had initially traveled up north looking for other medical help. That is when the VA settlement came in.
I found a home I liked and figured under a VA home loan, there would be nearly no money down. But then I was literally hanging on a thread, wondering if the loan would be approved. A history of defaulted student loan debt lingered over me. I told them I was 100% disabled but at IU (Individual Unemployability). The real estate office gave me about $100 to $150 I could use during that time while they determined if I would get approved for the home loan. As you know, that doesn’t go far but from many times of being homeless, you learn how to make it work. The lenders said I had to pay it off or wait months to see if the loans could be waived, but didn’t see that happening. I took the plunge, talked down the debt with a up front settlement. I only had enough for the proceeds of the house then and had no money remaining for food when I was holding the key to my first house. Luckily, two days passed and it was Veterans Day. I got some free meals. I sought some local support for food and roughed out the next few months.
During that time, I had two falls hitting my head at my new home. I had not come to realize how bad things had become with my left side at that point and how stairs would become problematic for me. I finally started finding answers to what I was dealing with. But to this day, as of almost two years ago, I had another VA managed MRI. The report was written up “contrast” was done with IV but my words are “it was not done.” Why are we up to 2020-2022 from going way back to former MRIs with the VA 2003, 2004..still not properly reporting MRI tests? I still wait in 2022 for a proper test. When will I get closure? I still get pain in my back, hip, and predominately weakness down my left side, with sometimes right sided issued from compensating. I have requested a back MRI in the past, opposed to an xray but still waiting.
When I speak to a psychiatrist about my past at the VA I have been told there is no reason to talk about these things. It is a waste of time. There would be no need to continue care. I did mention that dealing with the VA exasperates..my symptoms with nightmares and anxiety. My boyfriend has worked part-time but no longer works. He helps me when I’m not well but at the same, it has taken a toll on him not knowing how he can financially help us. I tell him we do with what we have and can do. I’ve been not completely incapacitated for caretaker assistance but at the same, I don’t feel comfortable reapplying, as all medical care has to go through the VA, which at times has lied and failed me. This leaves me with more anxiety and nightmares.
Continue the fight to the finish. Thank you for your TRUE support for veterans!