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Appellate Practice Brochure

Appeals involving complex intellectual property issues and technology law have increased dramatically. These complicated cases go to a handful of experienced firms that focus on this highly specialized work. In this elite group, Fish stands out.

Fish was recently named to the National Law Journal’s “Appellate Hot List” for significant appellate wins and an impressive overall track record. We have handled almost 150 appeals over the past five years covering a broad range of venues (district court, ITC, and PTAB), technologies (computer hardware, pharmaceutical, medical devices) on nearly every imaginable issue (validity, infringement, damages, standing, inventorship, and many more).

We provide to our clients the most experience and widest-ranging appellate practices in the country. For example, we have 25 former Federal Circuit clerks which allows us to provide an appellate team specifically tailored to the subject matter and issues on appeal. Furthermore, we are consistently called upon for our highly regarded amicus curiae counsel and have filed numerous amicus briefs in the Federal Circuit and Supreme Court for Fortune 500 clients.

Finally, Fish has been instrumental in shaping patent law through our work at the Federal Circuit and the Supreme Court. Due to this experience, we have the unique ability to identify the best cases that can lead to these changes, spot important legal trends earlier, and position cases best for appeal.


Principal Frank Scherkenbach discusses the recent Teva matter


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News
May 27, 2015
John Dragseth Quoted in Law360's "Attys React to High Court's Induced Infringement Ruling"
Media Coverage
News
May 21, 2015
How Patent Reform Could Affect Claim Construction in IPR
Articles
Blog
May 18, 2015
“Single Entity Rule” Governs Liability for Direct Infringement of Method Claims
Author: Rob Courtney
Blog
May 18, 2015
Acts After Regulatory Submission Do Not Enjoy Blanket Protection Under the Section 271(e)(1) Safe Harbor
Author: Rob Courtney
Blog
May 13, 2015
Standing To Assert False Marking Requires That Plaintiff At Least Attempted To Enter The Market
Authors: Michael C. Tyler, Chris W. Dryer
Blog
May 13, 2015
Reissue Was Broadening Where New Dependent Claims Exceeded Previously-Judged Scope of Independent Claim
Author: Rob Courtney
Blog
May 12, 2015
ITC Economic Prong Requires Quantitative Analysis of Complainant’s Domestic Activities
Author: Rob Courtney
Blog
April 29, 2015
Federal Circuit To Hear TTAB Appeal En Banc Concerning Denial Of Registration For Mark “THE SLANTS” That Was Found To Be Disparaging
Authors: Cherylyn Esoy Mizzo, Adam Shartzer
Blog
April 28, 2015
The PTO’s Refusal To Terminate Reexamination Proceedings In Light Of District Court Settlement Is Not Immediately Reviewable In Court
Authors: Michael C. Tyler, Chris W. Dryer
Blog
April 28, 2015
Entire Market Value Rule Inapplicable Where the Patent claims both Inventive and Conventional Elements and the Combination Substantially Accounts for the Value of the Invention
Authors: Zachary Loney, Michael C. Tyler
Blog
April 28, 2015
Claims Not Indefinite Where Intrinsic Evidence Shows the Skilled Artisan Would Understand the Scope of a Claim Element Based on Its Claimed Function
Author: Craig Countryman
Blog
April 21, 2015
Name of Cactus Genus Not Registrable for Products Derived from Different Cactuses
Author: Rob Courtney
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