Appeals require meticulous attention to detail, particularly those involving intellectual property. And they demand a thorough understanding of both the law and the facts to identify the one or two arguments with the most promise to persuade a panel of appellate jurists. Finnegan is widely known for the quality of its appellate briefs and oral advocacy. But we also understand that the appellate process often starts well before an appeal is ever filed. Our appellate attorneys are creative legal thinkers and skilled writers who work with trial teams to develop legal strategies, draft winning briefs, and properly preserve issues for appeal.
Appellate experience across European, German, UK, and U.S. venues
Our success derives not only from our vast technical expertise, but also our extensive appellate experience across European, German, UK, and U.S. courts. For example, Finnegan attorneys have briefed and argued hundreds of patent cases before the U.S. Court of Appeals for the Federal Circuit—quite possibly more than any other law firm—and approximately 40 have served as judicial law clerks to judges on the Federal Circuit or its predecessor court. Finnegan has also represented both petitioners and respondents before the U.S. Supreme Court and regularly assists amici curiae in filing briefs at both the certiorari and merits stages. Our attorneys have participated in briefing more than 50 cases, and they have argued several cases before the Court, including the landmark cases Bilski v. Kappos and Bonito Boats v. Thunder Craft Boats. Whether at these highest courts in the United States or at the Federal Court of Justice in Germany, we bring attorneys who understand what’s at stake and will develop a strategy to meet your needs.
Partners in advancing business goals and market value
Protecting and promoting innovation and market trust is a foundational tenet for Finnegan. Through maintaining a culture of service and leadership in professional bar and legal associations, we collaborate with colleagues in industry and government in promoting IP rights and high professional standards. Organizations we are involved with include American Intellectual Property Law Association (AIPLA), Federal Bar Association (FBA), Federal Circuit Bar Association (FCBA), and Intellectual Property Owners Association (IPO).
Patent Trial and Appeal Board (PTAB) decisions are appealed directly to the US Court of Appeals for the Federal Circuit, where Finnegan attorneys have briefed and argued hundreds of cases.
Appeals require meticulous attention to the details involved and demand a thorough understanding of appellate law to identify the one or two arguments with the most promise to persuade.
Patent opposition or revocation procedures offer third parties an opportunity to attack a European or German patent within a limited time after grant.
In a rare rehearing proceeding, successfully represented petitioner Incyte in an inter partes review (IPR) challenging the validity of Concert’s patent before the Patent Trial and Appeal Board (PTAB). Continued representation of appellee Incyte before the Federal Circuit and secured a unanimous affirmance of the PTAB’s obviousness determination.
IPR2017-01256, PTAB, Judges Fitzpatrick, Hulse, Yang, Smith, Franklin
19-2011, Fed. Cir., Judges Hughs, Linn, Stark
2:20-cv-02766, W.D. Tenn., Judge McCalla
22-1222, Fed. Cir., Judges Cunningham, Hughes, Reyna
23-1150, 4th Cir.
22-2012, Fed. Cir., Judges Hughes, Reyna, Stark
IPR2021-00181, PTAB, Judges Deshpande, Hagy, Wieker
1:20-cv-01907, N.D. Ga., Judge Grimberg
1:21-cv-00030, D. Del., Judge Bryson
21-1517, Fed. Cir., Judges Moore, Newman, Hughes
IPR2019-00683, PTAB, Judges Zecher, Jurgovan, Zado
Represented Intuitive Surgical Operations on appeals from petitions for inter partes review (IPR) filed by Auris Health, Inc.
21-1473, -1732, -1733, Fed. Cir., Judges Prost, Dyk, Reyna
IPR2019-01173, -01533, -01547, PTAB, Judges Franklin, Hulse, Jenks, Worth, Yang
INCONTESTABLE® Blog
The Federal Circuit’s Heartfelt Affirmation of Everybody’s Right to Use “Everybody vs. Racism”
March 22, 2024
Federal Circuit IP Blog
March 21, 2024
At the PTAB Blog
Federal Circuit PTAB Appeal Statistics for December 2023 and January 2024
March 8, 2024
Media Mention
Women in Business Law Americas Awards 2024: Three Finnegan Attorneys Shortlisted
April 7, 2024
Award/Ranking
Managing IP Americas Awards 2024: Finnegan Shortlisted for Nine Awards, Including Firm of the Year
March 12, 2024
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Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.