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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
August 27, 2015
BPCIA Dance Partners Request En Banc Rehearing and Amgen Seeks Temporary Injunction
Authors: Michael A. Amon, Tasha M. Francis, PhD
IP Litigation
Life Sciences
News
August 26, 2015
"Post Limelight, Could Patent Act Be More User-Friendly?"
Articles
News
August 18, 2015
Fish & Richardson Announces 46 Attorneys Included in The Best Lawyers in America® 2016
Press Releases
Event
September 16, 2015 EST
INSIGHTS Webinar: Supreme Court Cases - Year in Review
INSIGHTS Webinar: Supreme Court Cases - Year in Review
Fish at the Podium
Fish Forum
Blog
July 27, 2015
Judicial Review Available for Decision that a Patent Qualified for CBM Review; § 101 Review Appropriate in CBM Review
Author: Rob Courtney
Federal Circuit
IP Litigation
Blog
July 24, 2015
PTAB’s Construction Must Be “Reasonable” In Light of All Intrinsic Evidence; PTAB May Require Patentee to Show Amended Claims Are Patentable Over All Prior Art of Record
Authors: Daniel A. Tishman, Craig Countryman
Federal Circuit
IP Litigation
Blog
July 24, 2015
District Courts Deciding Whether to Modify a Protective Order to Allow U.S. Discovery to Be Used in Foreign Litigation Must Consider Factors Relevant to Section 1782 Proceedings
Author: Craig Countryman
Federal Circuit
IP Litigation
Blog
July 22, 2015
Biosimilar Applicant Not Required to Disclose Application, But It Must Wait Until FDA Licensure to Provide Notice of Commercial Marketing And Cannot Launch for 180 Days Afterward
Author: Craig Countryman
Federal Circuit
IP Litigation
Life Sciences
Blog
July 22, 2015
Trade Dress Not Protectable If It Serves Any Purpose Other Than Source Identification; No Apportionment Requirement for Design Patent Damages
Authors: Leah A. Edelman, Craig Countryman
Federal Circuit
IP Litigation
Blog
July 22, 2015
Amgen v. Sandoz: Federal Circuit Weighs In on the BPCIA Riddle
Authors: Michael A. Amon, Tasha M. Francis, PhD
Federal Circuit
IP Litigation
Life Sciences
Blog
July 21, 2015
PTO Errs by Discounting Evidence a Trademark Was Merely Suggestive and Failing to Consider the Opposing Mark as a Whole
Author: Craig Countryman
Blog
Blog
July 21, 2015
PTO Errs by Discounting Evidence a Trademark Was Merely Suggestive and Failing to Consider the Opposing Mark as a Whole
Author: Craig Countryman
Federal Circuit
IP Litigation
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