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James A. Barta

James Barta’s practice focuses on appellate litigation as well as motions practice and issue analysis at the trial level. He has briefed matters in the United States Supreme Court, federal courts of appeals, federal district courts, and state courts on a wide range of topics, including administrative, constitutional, patent, energy, criminal, and corporate law.

Before joining MoloLamken, Mr. Barta served as a law clerk to the Honorable Raymond M. Kethledge of the United States Court of Appeals for the Sixth Circuit and to the Honorable Stephen J. Murphy III of the United States District Court for the Eastern District of Michigan. He also has taught at Georgetown University Law Center.

Representative Matters

  • Frank v. Gaos, 139 S. Ct. 1041 (2019) (remanded on standing grounds) – Whether a class-action settlement that involves a cy pres distribution is "fair, reasonable and adequate"and supports class certification 
  • Ziglar v. Abbasi, 137 S. Ct. 1843 (2017) – Whether a Bivens claim is available against prison officials for actions taken in connection with the confinement of foreign nationals detained in a terrorism investigation
  • Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC, 138 S. Ct. 1365 (2018) (amicus brief) – Whether inter partes review—an administrative process for revoking issued patents—violates the U.S. Constitution by extinguishing private property rights through a non-Article III forum without a jury
  • Halo Elecs., Inc. v. Pulse Elecs., Inc., 136 S. Ct. 1923 (2016) (amicus brief) – Whether a rigid two-step test supplies the proper standard for enhanced damages for patent infringement
  • Hughes v. Talen Energy Mktg., LLC, 136 S. Ct. 1288 (2016) (amicus brief) – Whether the Federal Power Act preempts state energy initiatives to encourage new generation
  • VirnetX Inc. v. Apple Inc., 792 F. App’x 796 (Fed. Cir. 2019) – Whether patents for secure-communications technology were valid and infringed
  • VirnetX Inc. v. Cisco Systems, Inc., 748 F. App'x 332 (Fed. Cir. 2019) – Rule 36 affirmance of a $440 million judgment for patent infringement
  • Ericsson Inc. v. TCL Commc’ns Holdings Ltd., No. 18-2003 (Fed. Cir.) – Whether patents for cellular wireless technology were valid and infringed
  • Sierra Club v. Virginia Electric & Power Co., 903 F.3d 403 (4th Cir. 2018) – Whether stored coal ash is a “point source” subject to the Clean Water Act’s permit requirement
  • United Parcel Serv., Inc. v. Postal Regulatory Comm’n, 890 F.3d 1053 (D.C. Cir. 2018) – Whether the U.S. Postal Service properly allocates costs caused by competitive products, like parcel delivery, to those products
  • Gilead Scis., Inc. v. Merck & Co., Inc., 888 F.3d 1231 (Fed. Cir. 2018) – Whether the district court erred by invoking “unclean hands” to nullify a $200 million jury verdict for patent infringement
  • NRG Power Mktg., LLC v. FERC, 862 F.3d 108 (D.C. Cir. 2017) – Whether the Federal Energy Regulatory Commission validly adopted rules to govern capacity markets in PJM Interconnection, LLC
  • Thales Visionix, Inc. v. United States, 850 F.3d 1343 (Fed. Cir. 2017) (amicus brief) – Whether a patent for an inertial motion tracking system was directed to patent-eligible subject matter

Clerkships

  • Law clerk to the Honorable Raymond M. Kethledge, United States Court of Appeals for the Sixth Circuit
  • Law clerk to the Honorable Stephen J. Murphy III, United States District Court for the Eastern District of Michigan

Education

Georgetown University Law Center, J.D., magna cum laude

Order of the Coif

Senior Articles Editor, American Criminal Law Review

Patrick Henry College, B.A., summa cum laude and Highest Honors

Bar and Court Admissions

  • Indiana
  • District of Columbia
  • United States Courts of Appeals for the 4th, 6th, 7th, D.C., and Federal Circuits
  • United States District Court for the District of Columbia
  • United States District Court for the Eastern District of Michigan
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