Whether your client is the patent owner or the accused infringer, patent cases are high-stakes litigation. But even if the outcome in district court has gone against your client, all is not necessarily lost. An appeal to the Federal Circuit offers the possibility of redemption.
Published data shows that the Federal Circuit reverses the district court in 17% of appeals – the highest reversal rate for any circuit in civil cases.
Writing an effective appeal brief poses the many of the same challenges in patent cases as in other types of cases. However, some points are unique to patent cases. The linked article, published by Intellectual Property Today, contains ten suggestions for briefing patent appeals.
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