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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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Blog
April 17, 2015
An Overview of the TROL Act Recently Introduced in the House
Author: Jason M. Zucchi
Blog
April 6, 2015
PTO Revival Decisions Not Subject To Third-Party Collateral Challenges Under APA
Authors: David Yaegashi, Cherylyn Esoy Mizzo
Blog
April 6, 2015
Definition in Prosecution History Constitutes Narrowing Disclaimer; Expert Declaration Raises Issues of Fact on § 112 Defenses
Author: Craig Countryman
Blog
April 6, 2015
Justiciable Controversy Existed for a Generic’s DJ Action on a Patent Listed in the FDA’s Orange Book Even Though the Patent Had Been Disclaimed
Authors: Craig Countryman, Joanna M. Fuller
Blog
April 6, 2015
Court Acknowledges It Has Not Settled Proper Standard of Review for Willfulness After Highmark and Octane, But Decides It Unnecessary to Resolve Here
Author: Craig Countryman
Blog
April 6, 2015
Federal Circuit Highlights Range of Unanswered Questions Regarding Willfulness In Denying Petition for Rehearing En Banc
Authors: Daniel A. Tishman, Cherylyn Esoy Mizzo
Blog
April 3, 2015
Equivalence Determination Does Not Depend On Labels Like “Vitiation” and “Antithesis,” But On The Substantiality of Relevant Differences
Authors: Leah A. Edelman, Cherylyn Esoy Mizzo
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
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