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Dunstan H. Barnes, Ph.D.
Associate

 

Dunstan H. Barnes practices in all areas of intellectual property law, with a special focus on protecting and analyzing design rights, which includes drafting and prosecuting design patent applications, and conducting opinion work and due diligence investigations. Dunstan has considerable experience drafting and prosecuting utility patent applications and trademark applications in a range of technological fields and industries.

Dunstan graduated from Chicago-Kent College of Law, where he was the President of the Intellectual Property Law Society, a Notes & Comments Editor for the Chicago-Kent Law Review, a Submissions Editor for the Journal of Intellectual Property, and a Co-Captain of the “Chicago-Kent Sportfeasors” soccer team. In addition, he competed in the 2013 American Bar Association’s National Appellate Advocacy Competition as a member of Chicago-Kent’s Moot Court Honor Society. During law school, Dunstan received awards for achieving the highest grade in his Legal Writing and Trademarks & Unfair Competition courses. In 2013, Dunstan was inducted into both the Bar & Gavel Society and the Order of the Coif.

Prior to law school, Dunstan earned his Ph.D. in Materials Science & Metallurgy from the University of Cambridge. His doctoral research explored the development and enhancement of biomimetic calcium phosphate coatings applied to the endplate surfaces of artificial polymeric spinal disc devices. During his doctorate, Dunstan presented his research at five international conferences in the Netherlands, South Korea, United Kingdom, and United States (twice). In addition, Dunstan assisted in a collaborative research project with the National Metallurgical Laboratory in Jamshedpur, India that focused on applying calcium phosphate coatings to metallic glasses for use in artificial limbs.

During his undergraduate degree at the University of Oxford, Dunstan completed a research project that involved the use of cathodoluminescence to measure stress at high resolution in structural ceramics.

Dunstan has been granted limited recognition under 37 C.F.R. § 11.9(b) by the United States Patent and Trademark Office to practice in patent matters before the Office.

Publications

  • Designs: A Global Guide 2018 - Graphical user interfaces (2018) World Trademark Review, published by Globe Business Media Group - IP Division) (co-authored with Christopher V. Carani). View File.
  • Design Rights: Functionality and Scope of Protection - US Chapter (co-authored with Christopher V. Carani) (Wolters Kluwer Oct. 2017) (AIPPI Law Series. Volume 3). View File.
  • So Your Client Wants to Open an Illinois Cannabis Dispensary? (Oct. 2017) Illinois Bar Journal. View File.
  • Designs: A Global Guide 2017 (Protecting and enforcing design rights: United States (2017) World Trademark Review, published by Globe Business Media Group - IP Division) (co-authored with Christopher V. Carani). View File.
  • The Modern Age of Design Rights (June 2016 - ABA Tort Trial and Insurance Practice - Committee News - Spring 2016). View File.
  • Parodies and Trademark and Copyright Infringement (June 19, 2014) Corporate Counsel. View File.
  • Case or Controversy Exists Where Generic Manufacturer Seeks Declaratory Judgment of Non-Infringement of Orange Book-Listed Patent Disclaimed by Brand Manufacturer, Orange Book Blog (Apr. 14, 2015). View File.
  • Will the Supreme Court Clarify Which “Computer-Implemented Inventions” Are Patent Eligible?, InsideCounsel (Feb. 3, 2014). View File.
  • Big Brother is Watching You (And Your Family, Too): Familial DNA Searches in Criminal Investigations, 50 Crim. Law Bulletin 68 (2014).
  • Divided Federal Circuit Panel Strikes Down Galderma’s Patents as Obvious—in Shifting the Burden of Production Regarding Secondary Considerations to the Patentee, Did the Majority in Fact Shift the Burden of Persuasion, Too?, Orange Book Blog (Dec. 18, 2013). View File.
  • IP: Fresenius USA, Inc. v. Baxter International, Inc. headed to the Supreme Court?, Inside Counsel (Dec. 10, 2013). View File.
  • Cadence Prevails Over Exela in OFIRMEV® (Acetaminophen) ANDA Litigation, Orange Book Blog (Dec. 2, 2013). View File.
  • Technically Speaking, Does It Matter? An Empirical Study Linking The Federal Circuit Judges' Technical Backgrounds To How They Analyze The Section 112 Enablement And Written Description Requirements, 88 Chi.-Kent L.R. 971 (2013).
  • Biocompatibility of Ceramics, ASM Handbook, Vol. 23, Materials for Medical Devices (2012).
  • Using Scratch Testing to Measure the Adhesion Strength of Calcium Phosphate Coatings Applied to Poly (Carbonate Urethane) Substrates, 6 J. Mech. Behav. Biomed. Mater. 128 (2012).
  • Shelf Life and Chemical Stability of Calcium Phosphate Coatings Applied to Poly Carbonate Urethane Substrates, 1 J. Biotech. & Biomater. 112 (2011).
  • Biomimetic Calcium Phosphate Coatings for Polymeric Artifical Spinal Disc Implants, 1 Bioceram.Dev. & Apps., Article ID D101111 (2010).
  • Piezospectroscopic Measurement of the Stress Field Around an Indentation Crack Tip in Ruby Using SEM Cathodoluminescence, 28 J. Eur. Ceram. Soc. 2049 (2008).

Presentations

  • Report from the Front Line: A brief review of U.S. district court decisions over the past year, USPTO Design Day 2018, Apr. 25, 2018 (Alexandria, VA)
  • The Importance of GUI Protection , 38th SCT: Information Session on Graphical User Interface (GUI), Icon and Typeface/Type Font Designs, Oct. 31, 2017 (Geneva, Switzerland)
  • Panel Session VIII on Partial Designs, AIPPI 2017 Sydney World Congress, Oct. 16, 2017 (Sydney, Australia)
  • Recent Developments in Design Patent Law, 2017 AIPPI-US Global IP Educational Forum, July 13, 2017 (Chicago, IL)
  • Recent Developments in Design Patent Law, IPO U.S. Patent Law Committee Meeting, February 17, 2017 (Webinar)
  • Recent Federal Circuit Design Patent Cases and the FUBAR Functionality Standard, Chicago Bar Association: Intellectual Property Committee CLE, Jan. 24, 2017 (Chicago, IL)

Honors & Awards

  • Super Lawyers (Intellectual Property Law) (Illinois Rising Star 2017-2018)

Professional Affiliations

  • American Bar Association (ABA) – Vice Chair, Design Rights Group
  • American Intellectual Property Law Association  (AIPLA) – Industrial Designs Committee, Chair of Litigation & Enforcement Subcommittee
  • Intellectual Property Law Association of Chicago—Young Members’ Committee, Chair

Areas of Practice

Industries

Bar Admissions / Registrations

  • Illinois
  • U.S. District Court for the Northern District of Illinois
  • U.S. Patent and Trademark Office (Limited Recognition to Practice in Patent Cases Before the U.S. Patent and Trademark Office)

Education

  • Chicago-Kent College of Law, J.D., magna cum laude, Order of the Coif, 2013
  • University of Cambridge, Ph.D., Materials Science & Metallurgy (Biomaterials), 2010
  • University of Oxford, M.Eng., Materials Science & Metallurgy, 2006