James’ practice focuses on strategic IP counseling and analysis, with a particular emphasis on patent-related matters, to help clients acquire, protect and monetize intellectual property and reduce exposure to infringement. He knows how to make complex issues and difficult subject matter understandable–he teaches patent law and prosecution at two law schools, and is a frequent speaker and author on the topic of patentable subject matter eligibility of computer software. James also is a founding member of Shook’s Internet and Data Security Team, helping clients deal with the ever-changing cyberthreats they face doing business on the Internet. 

With three degrees in computer engineering and electrical engineering, James brings significant training and research experience to his patent procurement practice, which includes all aspects of preparation and prosecution of U.S. and international patent applications in several diverse technology fields. Much of his practice is in the computer-related arts, including software (e.g., mobile-device apps, applications, online services), telecommunications, healthcare IT, distributed (cloud) computing, secure computing, user interfaces, computer architecture, business methods and mechanical arts. In addition, James has drafted more than 100 patent applications for machine learning and artificial intelligence technologies. 

James has more than 10 years of experience analyzing patent portfolios for infringement and validity, conducting risk assessment, search and strategic acquisition, due diligence for licensing and assertion, and patent landscape mapping. He has prepared patentability opinions, managed legal and technical teams, and worked closely with product developers to identify and implement patent design-around technologies. His extensive experience in patentable subject matter eligibility of computer software has included analyzing hundreds of 35 U.S.C. § 101 cases before the Patent Trial and Appeal Board, district courts, and the TC 3600 art unit of the U.S. Patent Office (software, healthcare and business methods) to empirically determine successful patent prosecution and litigation strategies for clients. 

In the rapidly-changing field of Internet and data security, James counsels companies on matters involving unauthorized access and computer hacking, counterfeit goods and software (e.g., fake products, apps and websites), computer fraud and abuse. James helps clients dealing with the aftermath of cybertorts and digital crimes, including computer malware, botnet takedowns and phishing schemes. He also is experienced in performing threat assessments, determining attribution, reverse-engineering malware and software applications, evaluating offenders and defendants for compliance with settlements, developing discovery plans and preparing criminal referrals and civil actions. 

James is on the adjunct faculty of the University of Missouri – Kansas City and Washburn University schools of law, teaching courses in patent law and prosecution. He also teaches continuing legal education (CLE) courses designed for patent attorneys, and is the author and co-author of numerous journal articles. He also has taught courses in electrical and computer engineering.

His research has focused on signal processing, embedded systems design and microcomputer architecture. He also has performed research in cybersecurity and technical policy, and has assisted on policy matters at state and federal levels. James received special recognition for developing landmine detection technologies that save an average of one life every three days. 

Presentations and Publications

Presentations

Recent developments in Patent Subject Matter Eligibility and Strategies Developed from an Empirical Analyses of Post-Alice decisions by the PTAB, CLE, February 2017.

Subject Matter Eligibility in the Post-Alice Wild West and Strategies Derived from an Empirical Analyses of Over 200 District Court Decisions on 35 U.S.C. § 101, IP CLE, Shook, Hardy & Bacon, Kansas City, Missouri, October 2016.

From Alice to Allowance: A § 101 Clinic for Prep & Prosecution, IP CLE, June 2016.

Fulfilling Legal and Ethical Obligations to Botnet (computer malware) Victims. Digital Crimes Consortium, Vienna, Austria, March 2016.

Alice & Patent Subject Matter Eligibility: Recent Developments in SME and Strategies Developed from Case Studies at the Patent Office, Spring 2016.

Alice & S.M.E. (Update): Where Are We?, What’s Working?, and What Isn’t?, CLE, February 2016.

Lessons Learned from Alice (Alice Corp. v. CLS Bank International, 134 S. Ct. 2347 (2014)), CLE, February 2015.

Alice & Eligible Subject Matter [Section] 101, CLE, October 2014.

Responding to Alice 101 Rejections: An Analysis of Section 101 Jurisprudence and Model Outlines for Responding to the Patent Office, October 2014.

Subject Matter Eligibility and the New USPTO Examination Guidelines, CLE, University of Missouri Technology Transfer Summit, August 2014.

Look Ma, No Hands Claims! Changes in the Patent Filing Laws due to the Patent Law Treaty Implementation Act, CLE, January 2014.

Stealing the Show: Legal and Technical Aspects of Cross-Site Scripting Abuses, Digital Crimes Consortium, Barcelona, Spain, February 2013.

Third-Party Preissuance Submissions (3PPS): Not So Fast! A New Program Under the America Invents Act Creates Opportunities for Third Parties to Impact Patent Prosecution, CLE, January 2013.

IP for Engineers & Entrepreneurs, University of Missouri (March 2010, March 2011, March 2012).

Publications

Andrew C. Cooper & James B. Devaney, How Deep Does This Rabbit Hole Go? What We Learned About Patent-Eligibility From Alice in 2014, Bloomberg BNA, February 6, 2015.

J. Stanley, K. C. Ho, P. D. Gader, J. N. Wilson, and J. Devaney, EMI and GPR algorithm advancements for wand unit landmine detection operating in discrimination mode, J. Circuits, Systems Signal Processing, vol. 26, pp. 165-191, Feb. 2007.

J. Stanley, K. C. Ho, P. D. Gader, J. N. Wilson and J. Devaney,  EMI and GPR algorithm advancements for wand unit landmine detection operating in discrimination mode, Circuits, Systems and Signal Processing. Dec. 2005.

Stanley, Ronald J., Dominic K. Ho, Paul D. Gader, Joseph N. Wilson, James B. Devaney, Advances In EMI And GPR Algorithms In Discrimination Mode Processing For Handheld Landmine Detectors, Proceedings of SPIE Vol. 5415, pp 874-882. Sep. 2004.

Ho, K.C., P.D. Gader, and J. Devaney, Locate Mode Processing for Handheld Landmine Detection, Proceedings of SPIE Vol. 4742, pp 356-366. Apr. 2002.