Judge Moore Offers Attorneys Advice on Patent Appeal Strategy

During a panel discussion for the University of Illinois Chicago John Marshall Law School IP Master Class virtual seminar, Finnegan partner Mike Jakes offered insight into how to successfully argue an appeal at the U.S. Court of Appeals for the Federal Circuit. With outright Federal Circuit reversals being rare, Mike quoted former Federal Circuit Judge Giles Rich saying, "The best way to win on appeal is to win your case below."

The panelists also discussed best practices for remote arguments. Mike said presenting via telephone can make it tempting to read from notes, but he encouraged attorneys to instead think of the argument as a conversation with the judges. He also said it is important to pause to allow the judges to ask questions. 

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