Daryl Joseffer is the head of King & Spalding’s national appellate practice. Chambers 2012 reported that Mr. Joseffer “impresses with his ‘great instincts’ and his ‘strong ability in oral arguments.’” “‘When he is ‘on stage’ in court he is simply amazing, he is very persuasive, smooth and comfortable,’ clients enthuse.”
Mr. Joseffer has argued 11 cases and filed well over 100 briefs in the Supreme Court. His successful Supreme Court litigation record includes major patent, pharmaceutical, civil rights, environmental, and criminal cases. His current Supreme Court matters include University of Texas v. Nassar, an employment discrimination case he will argue later this Term.
Mr. Joseffer has also handled a wide variety of appeals in every United States Court of Appeals. He now devotes about half of his time to patent appeals in the Federal Circuit and the Supreme Court. Among other patent cases, he is representing McKesson in McKesson v. Epic, which concerns the standard for imposing liability when one entity induces multiple entities to combine to practice a patented invention, but no single entity practices the invention individually. The Federal Circuit granted rehearing en banc, overruled its recent precedents, and ruled in McKesson’s favor. Epic’s petition for Supreme Court review is pending.
Mr. Joseffer is nationally ranked or recommended in Chambers and Legal 500. He joined King & Spalding in 2009 after serving as the Principal Deputy Solicitor General and, previously, an Assistant to the Solicitor General. Before joining the Office of the Solicitor General, Mr. Joseffer was Deputy General Counsel of the White House Office of Management and Budget, a partner at Kirkland & Ellis, and a law clerk to Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. He graduated from Harvard Law School (magna cum laude) and Stanford University.