Federal Circuit Appeals

Expert Appellate Advocacy in Patent Cases

The Federal Circuit has exclusive jurisdiction over patent appeals, making it uniquely important in patent law. Our Federal Circuit practice provides skilled appellate advocacy, handling appeals from district courts, the ITC, and the PTAB.

Appeal Strategy

Appeal strategy begins before appeal. We identify potential appellate issues during litigation, preserve arguments for appeal, and develop the record needed to support appellate positions. When appeals arise, we evaluate strengths and weaknesses to develop effective strategies.

Standards of Review

Different issues receive different review standards. Legal conclusions, including claim construction, are reviewed de novo. Factual findings receive deference—clear error for bench trials, substantial evidence for jury verdicts. We understand how standards of review affect appellate prospects.

Brief Writing

Persuasive briefs frame issues favorably and present arguments clearly. We identify the strongest arguments, present them in compelling form, and address weaknesses candidly. Effective briefs make the court's decision easier by showing why the correct outcome favors our client.

Oral Argument

Oral argument provides opportunity to address judges' concerns directly. We prepare thoroughly for argument, anticipate questions, and deliver focused presentations that reinforce key themes. Effective argument can influence close cases.

En Banc and Supreme Court

En banc review addresses important issues or corrects panel errors. We pursue en banc review when appropriate and oppose unwarranted en banc petitions. For issues of national importance, we handle certiorari petitions to the Supreme Court.

Amicus Practice

Important cases attract amicus participation. We file amicus briefs for industry associations and interested parties, shaping patent law development.