Federal Circuit Appeals

"Highly acclaimed for its capacity to take on an array of disputes at appellate level."

Chambers USA 2020

We regularly argue patent appeals at the U.S. Court of Appeals for the Federal Circuit, and other IP appeals at federal and state appeals venues. Baker Botts has top-notch IP appellate lawyers who deliver a strong record of handling Federal Circuit appeals. Over the past decade, we have handled over 250 appeals before the Federal Circuit buttressing our top-ranked active Patent Litigation, International Trade Commission, and PTAB Trials Practices. We embed appellate specialists within our IP Teams to help them address key legal issues at trial, identify post-trial and appeal issues, and prepare post-trial motions to properly preserve issues for appeal.

Our appellate lawyers have argued before all 13 of the United States Courts of Appeals. Nearly all of our appellate lawyers have served as judicial clerks - for the United States Supreme Court, several United States Courts of Appeals, including 6 former clerks at the Federal Circuit—providing them insight into how appellate courts operate and various appellate judges. Overall, we have over 15 lawyers with experience arguing before the Federal Circuit.

Baker Botts received Tier 1 rankings by U.S. News - Best Lawyers for the National and Appellate category in its 2020 Best Law Firms publication and are ranked Band 1 in Texas Appellate by Chambers USA 2020. Our practice was also named to National Law Journal's Appellate Hot List multiple times (2014, 2019-2020). We were named to Law360's Survey Report “The Firms that Dominated At The Federal Circuit In 2017,” which noted Baker Botts is among the top five firms “racking up wins and setting precedents in all corners of patent law.”

We consistently break new ground in the Federal Circuit. We concluded two recent appeals that set precedent in patent litigation. One, for DISH Network,  refuted an argument that the Federal Circuit noted was made “not infrequently” by patentees fighting invalidity challenges under Section 101 “that their claims do improve the functioning of the computer itself.” (Customedia Techs., LLC v. Dish Network Corp., 951 F.3d 1359, 1362 (Fed. Cir. 2020)  A second, for AT&T and Ericsson, expanded the ability of defendants to rely on a patentee’s statements to the patent office as a basis to support summary judgment of noninfringement (Iridescent Networks, Inc. v. AT&T Mobility, LLC, 933 F.3d 1345, 1353 (Fed. Cir. 2019).

Experience at the Supreme Court in IP Cases. In recent years, the U.S. Supreme Court has taken a greater role in shaping IP law. Baker Botts’ Appellate Practice is “highly acclaimed” (Chambers USA 2020) with the technical acumen and U.S. Supreme Court experience. For example, we filed briefs at the Supreme Court in Google v. Oracle, Thryv, SCA Hygiene, Cuozzo and Halo/Stryker. In the life sciences area we have filed amicus briefs on behalf of both biopharmaceutical companies as well as industry organizations in several of the recent cases relating to patent eligibility, including, in connection with the Myriad case, at the district court, the Federal Circuit, and the U.S. Supreme Court.

Quarterly Index of Federal Circuit Cases and Thought Leadership. We monitor Federal Circuit precedential opinions and prepare a deeply outlined index by subject matter (invalidity, infringement, claim construction, etc.) of recent cases making relevant legal points - in order to assist clients seeking to identify recent law relevant to a particular problem. The links below provide the most recent documents. Baker Botts also hosts an annual webinar on Supreme Court IP decisions and serve on the planning committee and regularly speak at the Federal Circuit Bar Association’s annual Bench & Bar program. A Baker Botts partner is also the current chair of the AIPLA Amicus Committee.

Second Quarter 2021 Federal Circuit Law

Third Quarter 2021 Federal Circuit Law