Overview
Rothwell Figg handles appeals of technology-focused cases, typically those in which our attorneys handled the underlying matter. Because of this, our teams begin their work with an intimate familiarity of the facts and issues upon which the appeal will turn. Appellate advocacy is a high-stakes undertaking upon which, occasionally, turns a company’s very existence. As technology plays an ever-increasing role in commerce, IP litigation and appeals follow suit. Our continuity from trial to appeal gives us a significant advantage.
Intricate Federal Circuit precedents demand a full understanding of the governing body of law and its procedural rules permit only very short oral arguments. As a result, an effective IP appellate practice requires both exceptional, in-depth knowledge of the technology at issue, and a deep, working knowledge of procedural intricacies, rules, and strategies. There is little margin for error. IP-related appeals require attorneys to quickly identify key issues, and communicate them concisely.
Rothwell Figg provides our appellate clients with all of this, as well as a uniquely strategic approach to appeals. In fact, our Washington headquarters are only blocks away from the Federal Circuit courts. We are intimately familiar with the predilections of the judges serving there. The attorneys who argue at the trial level, including former Circuit law clerks from the Federal Circuit and other Circuit Courts of Appeals, are our litigators. This seamless, efficient approach is grounded in the intensely record- and fact-driven nature of IP litigation, and allows our appellate lawyers to focus on strategy rather than coming up to speed on the facts.
In dozens of matters for a wide range of clients before the Federal Circuit and other federal Courts of Appeals, we have briefed and effectively argued issues on behalf of both appellants and appellees. These have involved almost every concept encountered in patent, trademark, copyright, and related areas. They have also spanned the full procedural gamut, from interlocutory appeals to appeals from final judgments and post-trial motions, PTAB final decisions, and amici involvement.
Our work typically begins long before the actual appeal. During the trial phase, we focus on identifying appropriate post-trial appeal issues. This includes analyzing the patent(s) from an appellate perspective, reviewing the trial court or PTAB’s opinion and other significant rulings, identifying the key questions for appeal, and determining how to best frame and argue the issues. Because we tried the case, our appeal strategy flows naturally, and cost-effectively, from the knowledge we gained during trial court litigation.
From the inception of every matter, we focus on final resolution. Both our trial and our appellate advocacy has this objective in mind throughout the entire course of the proceedings. Our strategies are developed, and modified, by what actually takes place in court. As a result, our appellate practice is a unique, effective hybrid of high-level jurisprudence and realistic assessment of what is most likely to occur in the courtroom.
Whether we are determining which issues are appropriate for an appeal, seeking or preventing Supreme Court review, or building a record for appeal at the trial level, our appellate attorneys minimize risk, leverage tactical opportunities, and build on our work at trial to arrive at the best possible outcome for our clients. They trust us to protect their innovations for this reason.
