Mintz Levin attorneys regularly argue patent appeals at the Court of Appeals for the Federal Circuit (CAFC), and related matters in other federal and state appeals venues. We have handled appeals of cases litigated by our firm, and appeals of cases litigated at the District Court and USPTO by other firms. We are adept practitioners who have a strong record of success in appeals of complex IP and technology disputes. Our attorneys have successfully upheld or overturned adverse decisions on behalf of clients operating in the life sciences and in high technology.
An increasing number of cases are being heard by the Federal Circuit, including those triggered by Inter Partes Review decisions from the Patent Trial and Appeal Board (PTAB). Our team has been successful at the court where others have not, and we intend to continue to prevail. The firm's most recent CAFC case resulted in the court's first full reversal of an adverse PTAB decision against a patent owner (our client, Straight Path).
- Appeals team backed by approximately 50 patent litigators and nearly 100 commercial litigators
- Experienced in appeals before the US Court of Appeals for the Federal Circuit, other US Circuit Courts of Appeal, and state appellate courts
- Achieved first Reverse and Remand at CAFC of an adverse PTAB decision against a patent owner
- Have successfully represented multiple innovator pharmaceutical companies at the CAFC in affirming District Court decisions of non-obviousness and exceptional case
- Patent team experienced in authoring amicus briefs on behalf of industry groups
Areas of Focus
- Inter Partes Review appeals
- District Court litigation appeals
- Represent appellant and appellee
- Represent owners and accused infringers
- Appeals at CAFC and state appellate courts
- Licensing and technology transfer
- Exceptional brief quality
- Streamlined oral presentation
Rankings & Recognitions
- IAM Patent 1000 (2016)
- Patent Litigation Practice and 7 attorneys recognized among the "World's Leading Patent Practitioners"
- IAM Strategy 300 (2015/2016)
- Division Head for IP identified among "The World's Leading IP Strategists"
- Chambers USA (2016)
- 3 IP attorneys identified as leaders in their respective patent fields, including the Division Head
- BTI Consulting Group's 2016 Litigation Outlook
- IP Litigation ranked in top 5% of all law firms by corporate counsel