As part of our litigation practice, we enjoy a highly successful appellate practice that extends to all areas of intellectual property law. W|N's appellate practice group has successfully handled appeals before the United States Supreme Court, and before the U.S. Court of Appeals for the Federal Circuit, which resolves all patent appeals from all U.S. district courts nationwide, as well as all appeals from the U.S. Patent and Trademark Office. The firm also has a growing appellate practice before the Board of Patent Appeals and Interferences at the U.S. Patent and Trademark Office.

W|N's success in appellate practice is founded upon the expertise and experience of our lawyers, a number of whom have served as law clerks and interns at the U.S. Court of Appeals for the Federal Circuit. The firm's reputation in appellate practice is reflected by the selection of its lawyers in the writing of several amicus briefs on behalf of institutions as notable as the American Intellectual Property Law Association, for which amicus briefs were written in several landmark cases pending before the U.S. Supreme Court (Metro-Goldwyn-Mayer Studios Inc., et al. v. Grokster, LTD., et al., 2005) and the U. S. Court of Appeals for the Federal Circuit (In re Beauregard, 1995 and Phillips v. AWH Corporation, 2004).

W|N's appellate practice has not only involved obtaining affirmance or reversal of judgments and jury verdicts of infringement or non-infringement, but has also involved successfully obtaining and avoiding emergency stays from preliminary injunctive relief, as well as upholding or revoking injunctions.

The following is a list of representative accomplishments in our appellate practice area:

Free Motion Fitness, Inc. v. Cybex Int’l, Inc., 423 F.3d 1343 (Fed. Cir. 2005) (vacating grant of summary judgment of noninfringement).

Lifetime Products, Inc. v. GSC Technology Corp., 97 Fed. Appx. 327 (Fed. Cir. 2004) (affirming grant of preliminary injunction).

Biotec Biologische Naturverpackungen GmbH & Co. KG v. Biocorp, Inc., 249 F.3d 1341 (Fed. Cir. 2001) (affirming jury verdict of infringement). 

International Nutrition Co. v. Horphag Research Ltd., 257 F.3d 1324 (Fed. Cir. 2001) (affirming dismissal of complaint).

Ultradent Products, Inc. v. Life-Like Cosmetics, Inc., 127 F.3d 1065 (Fed. Cir. 1997) (affirming findings of infringement).

Baxter Healthcare Corp. v. Spectramed, Inc., 49 F.3d 1575 (Fed. Cir. 1995) (reversing non-infringement finding and affirming holding of no inequitable conduct).

Desktop Direct, Inc. v. Digital Equipment, Corp., 511 U.S. 863 (1994) (affirming favorable appellate decision).

Desktop Direct, Inc. v. Digital Equipment, Corp., 993 F.2d 755 (10th Cir. 1993) (upholding a settlement rescission).