James Toupin

James Toupin is the retired general counsel of the US Patent and Trademark Office and former deputy general counsel of the US International Trade Commission. At the USPTO, he oversaw both the patent and trademark boards, as well as the Office of the Solicitor, the Office of Enrollment and Discipline and the Office of General Law. He was a principal representative of the Executive Branch in development of the America Invents Act, especially in developing provisions for inter partes and post grant review. He was on brief on numerous cases in the Supreme Court. At the ITC, he oversaw all litigation defending Commission determinations, including 337 cases in the Court of Appeals for the Federal Circuit. He also was on negotiating teams for the U.S.-Canada Free Trade Agreement, Nafta, and the World Trade Organization agreements, helped draft implementing legislation, and represented the United States in international dispute resolution under the agreements. In private practice, principally with Covington and Burling, he represented companies and trade associations in administrative agency litigation and in intellectual property matters. He is coauthor of Patent-Related Misconduct Issues in U.S. Litigation (Lexis-Nexis).