Appellate

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Appeals

Appellate advocacy for intellectual property, technology, and commercial cases before the Federal Circuit, the regional circuits, and state appellate courts, from issue preservation at trial through oral argument.

An appeal is a different contest than a trial, decided on a closed record by judges who care about the law's direction, not just your case. We handle appeals in intellectual property, technology, and commercial disputes, sharpening the record into a few clean issues and the arguments most likely to move a panel, whether you are defending a win or trying to reverse a loss.

Briefing and Oral Argument

Appellate work lives in the writing. We build briefs around the standard of review and a tight theory of the case, then pressure-test every argument before it reaches the court. For technology and patent appeals, our engineering background means we can explain a disputed system or claim term in plain terms that a generalist panel can follow and rely on at oral argument.

Appeals Across Forums

We handle direct appeals from final judgments, interlocutory and certified appeals, mandamus petitions challenging district court orders, ITC and PTAB appeals to the Federal Circuit, and certiorari petitions where a case genuinely warrants Supreme Court review. We give a straight read on which of those paths is realistic for your matter rather than promising every door is open.

Preserving Issues at Trial

The best appellate work often happens before judgment. We advise trial teams during litigation to preserve issues, frame jury instructions and evidentiary objections with the record in mind, and avoid the waivers that quietly sink appeals later. Getting involved early gives you more to work with if the case goes up and a stronger position if you are defending the result.

Frequently asked questions

The best time is before trial, so an appellate lawyer can help preserve issues and shape the record you'll need later. If that ship has sailed, get appellate counsel involved right after an adverse ruling to assess your chances and protect your filing deadlines. Waiting too long can mean losing an issue you never knew you'd want on appeal.

In federal civil cases you generally have 30 days from final judgment to file your notice of appeal, and some interlocutory appeals have even shorter windows. These deadlines are strict, and missing one usually forfeits your right to appeal entirely. Confirm the exact deadline the moment a judgment lands.

The standard of review is how much deference the appeals court gives the trial court. Legal questions get a fresh look (de novo), factual findings are reversed only for clear error, and discretionary calls are reviewed for abuse of discretion. Your odds of reversal often turn on which standard applies to the issue you're appealing.

Usually not. Appellate courts review issues that were raised and preserved below, so arguments you didn't make at trial are typically waived. There's a narrow plain-error exception, but you can't count on it, which is exactly why preserving issues during trial matters so much.

Federal Circuit appeals generally run 12 to 18 months from the notice of appeal to a decision, and the regional circuits vary. Expedited review is available in some situations, but it's the exception. Build that timeline into your overall strategy and expectations.

Civil reversal rates generally fall in the 10 to 20 percent range, though it depends heavily on the issue and the circuit. Some patent issues, like claim construction, have historically been reversed more often. We'll give you a candid read on your specific issues rather than a generic number.

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