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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.


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Blog
March 30, 2015
Anticipatory Reference Need Not Perform Claimed Combination; No Nexus Where Unexpected Results Stem from Something Other Than the Merits of the Claimed Invention
Authors: Daniel A. Tishman, Cherylyn Esoy Mizzo
Blog
March 24, 2015
References Showing Results in One Range Made Investigation into Lower Ranges Obvious; Composition Claim Obvious Where Patentee’s Arguments Were Based on Unclaimed Limitation
Author: Rob Courtney
Blog
March 24, 2015
District Court Not Required to Reopen Appeal Period Following Erroneous ECF Notices
Author: Rob Courtney
Blog
March 23, 2015
No Express Disclaimer Necessary to Limit Means-Plus-Function Claims to Embodiments Disclosed in the Specification
Author: Rob Courtney
Blog
March 23, 2015
Narrow Independent Claims are Not Expanded by the Presence of Broad Dependents
Author: Rob Courtney
Blog
March 12, 2015
Ambiguous Phrase in Claims Not Indefinite Where Intrinsic Evidence Resolves the Ambiguity
Authors: Michael C. Tyler, Chris W. Dryer
News
March 6, 2015
Chris Kluwe, Brendon Ayanbadejo, and Scott Fujita Announce New “Athletes’ Brief” on Marriage Equality at Supreme Court
Press Releases
Blog
March 4, 2015
No Lost Profits on Patented Products the Patentee Did Not Make or on Unpatented Products that Could Be Used Independently
Blog
March 4, 2015
Using a Trademark with a Mere Offer of Services Was Insufficient to Support Registration Where No Services Were Actually Provided
Author: Craig Countryman
Blog
February 26, 2015
Patent Exhaustion Inapplicable To Practice of Related But Separate Invention by Third Parties Interacting with Licensed Products
Authors: Michael C. Tyler, Chris W. Dryer
Blog
February 25, 2015
No Collateral Estoppel Based on a Prior General Jury Verdict that Rested on Multiple Grounds
Authors: Michael C. Tyler, Brian J. Livedalen
Blog
February 23, 2015
The Innovation Act's Joinder Provision Will Impact Universities and Start-Ups Far More than Companies that Back "Troll" Suits
Author: William R. Woodford
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