Dr. Best has been involved in all aspects of numerous patent, trade secret and business tort cases. He has argued at the U.S. Court of Appeals for the Federal Circuit. In U.S. District Courts, Dr. Best has conducted direct and cross-examinations of witnesses in bench and jury trials. He also has argued portions of several claim construction and summary judgment hearings. Dr. Best also has extensive experience in expert discovery, document discovery, depositions and motions practice.

Dr. Best is a graduate of the University of Chicago (S.B., chemistry, with honors; S.B., biological chemistry, 1989); the California Institute of Technology (Ph.D., chemistry, 1995); and the Law School of the University of Chicago (J.D., with honors, 1997), where he was the managing editor of the University of Chicago Legal Forum.

Dr. Best is a frequent author and co-author. His recent publications include:

• "Federal Appeals Court Alters Availability of Patent Term Extension," co-author, Update magazine, July/August 2010
• "The Impact of Recent Federal Circuit Decisions on Patent Term Extension," co-author, BNA's Patent, Trademark & Copyright Journal, May 28, 2010
• "Drug Patenting in India: Potentially Lucrative, but a Difficult Task," co-author, BNA's Pharmaceutical Law & Industry Report, January 8, 2010
• Patent Obviousness in the Wake of KSR International Co. v. Teleflex Inc. (Paul. M. Rivard and Alan Gardner, eds., 2010), co-author of "Ninth Circuit," Ch. 10
• "Accelerated FDA Review: Risks to Patent Term," Update magazine, July/August 2009

Before joining Foley & Lardner, Dr. Best was a law clerk for the Hon. Randall R. Rader of the U.S. Court of Appeals for the Federal Circuit.

Representative Cases:

• Hall v. Cargill Inc., U.S. District Court for the Southern District of Georgia. Dr. Best was the lead associate on a team of Foley & Lardner attorneys representing Cargill in a case involving food processing technology and allegations of patent infringement, improper inventorship, trade secret misappropriation, tortious interference, and unfair competition. As part of the team, Dr. Best worked with the technical experts, took and defended numerous depositions, and prepared summary judgment and other motions. Dr. Best also wrote and argued Cargill's motions for summary judgment with respect to several of the claims asserted by the plaintiffs. The District Court either dismissed or granted summary judgment in Cargill's favor with respect to all claims asserted by the plaintiffs. The case has been appealed to the U.S. Court of Appeals for the Federal Circuit. On appeal, Dr. Best wrote briefs and argued in successful defense of Cargill's summary judgment wins in the District Court. Hall v. Cargill, Inc., No. 06-1076, 2006 WL 2883086 (Fed. Cir. Oct. 5, 2006) (summary affirmance).
• In re SIBIA Neurosciences, Inc.: Dr. Best argued this Federal Circuit appeal from an adverse decision of the Board of Patent Appeals and Interferences. In re SIBIA Neurosciences, Inc., 156 Fed. App. 314 (Fed. Cir. 2005).
• Goldenberg v. Cytogen Inc.: As the principle author of the appellant's briefs in this appeal involving a patent for a tumor imaging agent, Dr. Best successfully argued that the Federal Circuit should vacate summary judgment against Foley & Lardner's client. See Goldenberg v. Cytogen Inc., 373 F.3d 1158 (Fed. Cir. 2004).
• Corning Incorporated v. SRU Biosystems LLC.: Dr. Best was the lead associate representing Corning in this case involving optical biosensor technology and allegations of patent infringement, trade secret misappropriation, tortious interference, and unfair competition. As part of the Foley & Lardner team, Dr. Best argued at the claim construction hearing, worked with technical experts, took and defended depositions, and prepared summary judgment and discovery motions. See Corning Inc. v. SRU Biosystems LLC, 292 F. Supp. 2d 583 (D. Del. 2003); Corning Inc. v. SRU Biosystems, LLC, 223 F.R.D. 191 (D. Del. 2004), reconsideration denied by 2004 WL 1822121 (D. Del. Aug. 13, 2004) (ordering production of documents); Corning Inc. v. SRU Biosystems, LLC, 223 F.R.D. 189 (D. Del. 2004) (compelling production of opinions of counsel); Corning Inc. v. SRU Biosystems, LLC, No. 03-633, 2004 WL 1553575 (D. Del. July 9, 2004) (construing claims), reconsideration denied, 2004 WL 2348089 (D. Del. Oct. 13, 2004). At trial, Dr. Best conducted the direct examination of one of Corning's technical experts and cross-examined SRU Biosystem's CEO. After trial on the merits and post-trial briefing, the District Court found that Corning's patent was valid and infringed. Corning, Inc. v. SRU Biosystems, 400 F. Supp. 2d 653 (D. Del. 2005), reconsideration denied, No. 03-633, 2006 WL 155255 (D. Del. Jan. 20, 2006). The District Court has entered a permanent injunction against SRU. Corning, Inc. v. SRU Biosystems, 418 F. Supp. 2d 596 (D. Del. 2006).
• Reiffin v. Microsoft Corp.: Dr. Best prepared briefs and successfully argued the Federal Circuit appeal of a decision dismissing claims asserted against Microsoft's co-defendant under Fed. R. Civ. P. 12(b)(6). The Federal Circuit affirmed the dismissal of the claims against Dr. Best's client. Reiffin v. Microsoft Corp., No. 01-1380, 2002 WL 1587032 (Fed. Cir. July 17, 2002) (summary affirmance).
• Cargill Incorporated v. LGX LLC, U.S. District Court for the Eastern District of Pennsylvania. Dr. Best was the lead associate representing Cargill in a patent infringement, inventorship, trade secret misappropriation, tortious interference, and unfair competition case involving food processing technology. In this case, Dr. Best supervised document production, took and defended depositions, worked with the technical experts, and prepared summary judgment and other motions. This case was stayed due to bankruptcy of LGX LLC.
• Automotive Systems Laboratory, Inc. v. Breed Technologies, Inc., U.S. District Court for the District of Delaware. In this patent infringement case involving gas generants for automobile airbags, Dr. Best prepared the claim construction briefs and argued a substantial portion of the claim construction hearing. He also worked with the technical and damages experts, took and defended depositions, and handled all aspects of motions practice. This case settled prior to trial.
• Bridgestone/Firestone Research, Inc. v. Automobile Club de L'Ouest de la France: Co-authored Federal Circuit briefs and developed strategy for successful appeal of decision from the Trademark Trial and Appeal Board. Bridgestone/Firestone Research, Inc. v. Automobile Club de L\Ouest de la France, 245 F.3d 1359 (Fed. Cir. 2001).
• Incyte Corp. v. Gene Logic Inc., U.S. District Court for the Northern District of California. Dr. Best was the principle associate in this patent litigation involving nucleic acid amplification technology. In this role, he oversaw a voluminous document production, assisted with depositions, and worked with technical experts. This case settled prior to trial.
• Barnes Jewish Hospital v. Merial Animal Health Inc., U.S. District Court for the Eastern District of Missouri. Dr. Best was the principle associate in this litigation over an antibody-based diagnostic test for canine heartworm. In this role, he oversaw document production and the preparation of mediation briefs. This case settled prior to trial.
• Old Town Canoe Co. v. Glenwa, Inc.: Dr. Best wrote motions filed with the Federal Circuit in connection with this appeal. Old Town Canoe Co. v. Glenwa, Inc., No. 02-1144, 2003 WL 124523 (Fed. Cir. Jan. 14, 2003).
• Ecolab, Inc. v. Gardner Manufacturing. Co., U.S. Court of Appeals for the Federal Circuit. Dr. Best wrote motions filed with the Federal Circuit in connection with this appeal.
• Zevo Golf Co. v. Karsten Mfg. Corp.: Dr. Best assisted in preparation for oral argument in this Federal Circuit appeal. Zevo Golf Co. v. Karsten Mfg. Corp., No. 01-1617, 20002 WL 31175474 (Fed. Cir. Oct. 1, 2002).
• Nutrinova Nutrition Specialties & Food Ingredients GmbH v. Int'l Trade Comm'n: Dr. Best contributed to the briefs and preparation for oral argument in the Federal Circuit appeal involving chemical synthesis of artificial sweeteners. Nutrinova Nutrition Specialties & Food Ingredients GmbH v. Int'l Trade Comm'n, 224 F.3d 1356 (Fed. Cir. 2000).
• Sobstad Corp. v. Windway Capital Corp.: Dr. Best wrote motions filed with the Federal Circuit in connection with this appeal.
• Takata Corp. v. AlliedSignal Inc.: Dr. Best worked with the technical experts and help prepare the claim construction briefs in this case involving automobile seat belt retractors. This case settled prior to trial. Takata Corp. v. AlliedSignal Inc., No. 98-94, 1999 WL 787896 (D. Del. Aug. 19, 1999).