Donald Dunner of Finnegan Henderson. (Photo: Diego M. Radzinschi/ALM)

Donald Dunner, the dean of the D.C. patent appellate bar and a name partner at Finnegan, Henderson, Farabow, Garrett & Dunner, died Wednesday, according to published reports. He was 88.

"He was a giant, a colossus in the field of patent law with no equal," said Paul Michel, a former chief judge of the U.S. Court of Appeals for the Federal Circuit.

Dunner was part of the Carter administration commission that recommended the formation of the Federal Circuit to hear patent appeals, and he testified to Congress in support of its creation. He argued close to 175 appeals to the appellate court over his career—thought to be the most by any individual—and was the author of a leading treatise on Federal Circuit practice.

And, Michel said only half-jokingly, he was "the leader of every organization in the entire patent universe" at one time or another. That included the American Intellectual Property Law Association (1979-80), the ABA's Section of Intellectual Property Law (1995-96) and the Bar Association of the District of Columbia's IP section in 1964-65.

Dunner also was known for his unfailing courtly demeanor. "Dunner always had a grace and elegance that set him apart," Gene Quinn wrote in reporting the news of Dunner's passing on his IP Watchdog blog. "He was a friend to judges and politicians, as well as a mentor to countless attorneys."

That was especially true at Finnegan. "For more than four decades, Don was a mentor, a teacher, and an inspiration to many of us who sought to learn his craft of appellate advocacy," Finnegan appellate partner James Barney said in an email.

Dunner demanded perfection and encouraged his colleagues to dig deeper and think bigger about every issue, Barney said. "He was never satisfied with a first draft, a second, or a third. In fact, drafting briefs for Don could be downright daunting! But along the way, he imparted wisdom to those eager to learn, he explained the nuts and bolts of appellate advocacy, and made us all proud to be part of the process.

"Don was everything I ever aspired to be as a lawyer—and still do," Barney added.

Weil, Gotshal & Manges partner Edward Reines said Dunner was the consummate professional and the ultimate Federal Circuit advocate. "I had the privilege to face him at trial and on appeal and am a better advocate and person for it," Reines said.

Dunner grew up in Brooklyn, New York, and majored in chemical engineering at Purdue University. After two years in the Army, he began studying law at Georgetown University while working as a patent examiner at the USPTO then as a law clerk the U.S. Court of Customs and Patent Appeals, a predecessor court of the Federal Circuit.

He began practicing appellate law at Diggins & LeBlanc during the 1960s. He told Washington Lawyer in 2009 that it appealed to him because "it is a very civilized practice. … The cases take a matter of months, rather than years, you end up working hard to prepare and make an oral argument, and you get your highs in 15-minute doses."

He later worked at Lane, Aitken, Dunner & Ziems, and joined Finnegan Henderson in 1978 when it numbered just 30 lawyers.

Dunner's wins at the Federal Circuit include the 2009 affirmance of his client i4i Inc.'s $290 million patent infringement judgment against Microsoft Corp. He also obtained the reversal of an $80 million patent infringement award against Mattel Inc., in connection with its Hot Wheels brand. In 2014, Dunner argued his first case before the U.S. Supreme Court, the attorneys fee case Highmark v. Allcare, even getting into some needling with Chief Justice John Roberts about their billing rates when both were members of the D.C. bar.

"I was surprised by how relaxed I was during the process," Dunner told The American Lawyer in 2014, "but you could say I've been preparing for that moment my whole career."

He is survived by his wife, Jenny Sue, two daughters and three grandchildren.