One Year on: How Counsel Tackle Federal Circuit Briefs Rulings

As a result of the COVID pandemic, the U.S. Court of Appeals for the Federal Circuit postponed oral arguments, and many cases were left to be decided on the briefs. Managing Intellectual Property interviewed Finnegan partner Charles Collins-Chase for insight into how attorneys have adjusted their strategies for preparing strong briefs knowing there may not be an oral argument.

Pre-pandemic, Charles would conduct a mock court session before an oral argument. Now, he conducts the session before preparing reply briefs to provide an opportunity to address potential questions the court may raise, thus strengthening the response. He said, “Without argument, the reply brief is really your last chance as an appellant to persuade the court to reverse. So, if the court cancels oral argument, I can guarantee that we’ve done everything to present the case in the most favorable way possible.”

Read “One Year on: How Counsel Tackle Federal Circuit Briefs Rulings”