Sep 8, 2017
Andrew Dhuey, a solo practitioner in Berkeley, California, has the kind of practice a lot of lawyers dream of. He left a Big Law job years ago but still makes it into big intellectual property showdowns year in and year out.
Most recently, Dhuey has been making international headlines in the fight over whether a crested macaque can hold a copyright in a “selfie” photograph. He represents photographer David Slater in the suit brought by People for the Ethical Treatment of Animals. In our podcast, Dhuey talks about the impact this “crazy case” has had on his client and about arguing the appeal earlier this month to the U.S. Court of Appeals for the Ninth Circuit.
Dhuey and Flachsbart & Greenspoon partner Robert Greenspoon also helped pave the way this spring for a Supreme Court case that could send shock waves through the patent world. The high court will decide whether the executive branch—specifically, the Patent Trial and Appeal Board—has constitutional authority to decide patent validity cases, or whether that role is reserved for Article III judges and juries.
Greenspoon and Dhuey helped raise the profile of the issue with a Federal Circuit case this spring. They explain why they were “doing cartwheels in our offices” when just two of 12 Federal Circuit judges called for an en banc hearing.