Intellectual Property Law: Counseling, Licensing, Litigation & Procurement

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Appellate Litigation

Successful patent, trademark, copyright and other IP litigation may require appeal to regional federal circuit courts and the Federal Circuit Court of Appeals (CAFC). Banner & Witcoff’s lawyers are well-experienced in these appeals through frequent, recent appeals and training with appellate judges. The issues addressed in the recent appeals handled by firm lawyers include patent claim construction, infringement, estoppel, validity, inequitable conduct, preliminary injunctions, summary judgments, the conduct of jury trials, patent marking, statutory interpretation, trade secrets, standing, copyright pre-emption, shrinkwrap licenses, trademark rights, and contract issues.

In handling appeals, our lawyers emphasize rigorous issue selection; clear, concise briefing; extensive graphical material; precise record citations; and immediately responsive answers to judges’ questions. All these are benefits that result from thorough, intelligent preparation despite the short time periods of many appeals.

Our lawyers also train, teach, write and speak on successful appellate advocacy at nationally recognized law schools, seminars and CLE programs, often with appellate judges. Examples include the John Marshall Law School with The Honorable Paul R. Michel, Former CAFC Chief Judge, Franklin Pierce Law School, the National CLE Conference, Women’s International Business and Legal Forum, and ABA CLE programs and publications. The firm’s lawyers include a team with inside experience at the CAFC as recent clerks in the Court’s chambers.

We are pleased to appear in the appellate courts in the cases we handle and try, and in cases for which we are selected after trials by others.

Click here for a list of our reported decisions.

Intellectual Property Law: Counseling, Licensing, Litigation & Procurement