Federal Circuit Appeals

Adept Practitioners with a Strong Record of Success

We regularly argue patent appeals at the US Court of Appeals for the Federal Circuit, and in other federal and state appeals venues. The Mintz team has a record of successfully handling complex IP and technology disputes. And we have upheld positive — and overturned adverse — PTAB and federal district court decisions on behalf of clients operating in the life sciences and in high technology.

Awards

Chambers USA

Intellectual Property Practice ranked in California and Massachusetts (2022)

IAM Strategy 300

Several Mintz attorneys recognized among “The World’s Leading IP Strategists” (2017-2024)

IAM Patent 1000

Multiple patent litigators recognized (2015 ‒ 2020)

Our Experience

Federal Circuit Success For NextGen Healthcare

Mintz’s US Court of Appeals for the Federal Circuit win for NextGen affirmed a lower court’s dismissal of a patent infringement case targeting NextGen’s Patient Portal program. The appellate court affirmed that patents directed to longstanding methods of organizing human activity are unpatentable.

~50

Patent litigators on the Mintz team

CAFC Victory: PTAB IPR Decision Overturned

Mintz secured a rare US Court of Appeals for the Federal Circuit ruling that entirely reversed a Patent Trial and Appeal Board decision. The PTAB had canceled each of the challenged claims of Straight Path IP Group’s patent for protocols for establishing communication links through a network.

Our Approach

We take a client-centered approach and balance analysis of the legal issues with a realistic assessment of the economics of your appeal. Our experienced attorneys are involved in every phase of the research and writing to formulate an argument that is logical, applicable, and highly readable. The result is a targeted, carefully honed argument for you that results in a cost-effective and winning end product. Our appeals team is backed by approximately 50 patent litigators and nearly 100 commercial litigators. And we are experienced in authoring amicus briefs on behalf of industry groups.

Areas of Focus

Appellants and appellees
Owners and accused infringers
Inter Partes Review (IPR) appeals
District court litigation appeals
CAFC and state appellate courts
Exceptional brief quality
Streamlined oral presentation

Proven Success

The Federal Circuit continues to hear more cases, including those triggered by IPR decisions from the Patent Trial and Appeal Board (PTAB). One of our most recent CAFC cases resulted in the court's first full reversal of an adverse PTAB decision against a patent owner.