From Downtown Richmond, Virginia

US Court of Appeals for the Federal Circuit

The Federal Circuit is the only circuit court with a docket defined solely by explicit and limited subject matter jurisdiction. The Federal Circuit specializes primarily in intellectual property appeals that arise from the district court, the Patent and Trademark Office, and the International Trade Commission. Leading companies, innovators, and global market leaders need experienced counsel to successfully interact with the Federal Circuit; whether counsel actually litigates appeals or provides critical advice on the cutting-edge legal and policy issues that affect the court that decides cases that in turn impact the value and protection of intellectual property rights. Experienced counsel can help: 

  • Preserve victories won at the lower courts and administrative agencies
  • Secure reversals of unfavorable decisions
  • Successfully petition for (or oppose a petition for) en banc review

Latham’s Intellectual Property Practice works at the forefront of the most significant issues in patent law, including patent eligibility, inter partes review, International Trade Commission jurisdiction, and invalidity. The practice teams seamlessly with Latham’s Supreme Court and Appellate Practice to provide clients a winning combination. This complementary Intellectual Property Appeals Practice has not only argued several landmark cases at the United States Supreme Court, but has also argued scores of appeals at the Federal Circuit, including 16 in 2015 and 10 in 2016. These marquee wins have earned the group recognition as one of the most successful in the country with accolades from the National Law Journal, the Legal 500 US, and Law360, among other publications. The IP Appeals Practice can bring to bear specific technological and subject matter knowledge with creative lawyering to successfully prosecute appeals across the full range of patent litigation. Latham’s deep bench of Federal Circuit clerks provide the additional insight and experience needed to ensure a path to victory.