Successful patent appeals filed in the United States Court of Appeals for the Federal Circuit require special skills and experience. Appellate briefs, the most important part of the appeal process, require persuasive and concise writing, the ability to explain complex technology and legal issues in the limited space that the Federal Circuit Rules permit, proper structure in compliance with the rules, and the judgment necessary to select a small number of viable issues to address without losing credibility by arguing weak issues. Thorough preparation and planning for oral argument enhance the chances of success that excellent briefing provides.
BakerHostetler’s Appellate teams have successfully represented both appellants and appellees from all industries in numerous Federal Circuit appeals (and in appeals to other regional circuits before the Federal Circuit’s creation) from tribunals such as:
- District Courts
- United States Patent and Trademark Office Patent Trial and Appeal Board (PTAB)
- International Trade Commission
We have represented parties in appeals from not just rulings in BakerHostetler’s own cases, but also in cases where a party that has lost seeks appellate counsel to correct a lower tribunal’s ruling. In some cases, even the winning party has retained one of our appellate specialists to preserve the victory on appeal. The best practice is to involve an appellate specialist during proceedings in the lower tribunal, especially during post-trial briefing (if not earlier), to ensure preservation of issues for appeal. Assisting our appellate specialists, who themselves have technical backgrounds, we have one of the country’s largest collections of intellectual property lawyers with experience in virtually all technologies. Our lawyers have also represented parties and amici curiae at the certiorari and merits stages before the United States Supreme Court.