The Federal Circuit hears every patent appeal in the country, which makes it the one court where most patent disputes are truly settled. We handle appeals from district courts, the ITC, and the PTAB, working with engineers-turned-lawyers who can read the technology and the record as closely as the law. Whether you are defending a favorable judgment or attacking an adverse one, we shape the case for how this court actually decides.
Preserving Issues During Trial
An appeal is won or lost long before the notice of appeal. We spot the issues likely to matter on review while the case is still in the trial court, make the objections and offers of proof that keep arguments alive, and build a record that supports the positions you will take later. When we inherit a case after trial, we comb the record for preserved arguments and flag where waiver may be a problem so you know your real options.
Working the Standards of Review
The standard of review often decides the appeal. Legal questions, including claim construction, get fresh review with no deference to the court below. Factual findings are much harder to disturb: clear error after a bench trial, substantial evidence after a jury verdict. We frame each issue to land under the most favorable standard available and tell you honestly which arguments have a real shot and which face an uphill climb so you can spend your effort where it counts.
Briefs That Do the Work
A good brief makes the right outcome feel inevitable. We lead with the strongest arguments, explain the technology in terms a generalist judge can follow, and deal with the weak spots directly instead of hoping the panel misses them. The goal is a brief that frames the issues on your terms and gives the court a clean path to the result you want, supported by the record and the controlling authority.
Oral Argument and Beyond
Oral argument is your chance to answer the questions actually keeping the judges up at night. We prepare for the hard ones, keep the presentation tight, and reinforce the few themes that decide the case. When the stakes warrant it, we pursue or oppose en banc review, file amicus briefs for industry groups and other interested parties, and handle certiorari petitions to the Supreme Court on issues with national reach.