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Home > Law > Laws of specific jurisdictions > Intellectual property law > Patents law > Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit
Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit

Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit


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About the Book

This book guides IP lawyers through the organizational requirements for an appellate brief set out in the Federal Rules of Appellate Procedure 28(a). Although the book focuses on the Federal Circuit, other appellate courts are also covered (with particular focus on the Ninth Circuit and Second Circuit). The structure of this book follows the organizational requirements for an appellate brief with an emphasis on informal expectations and special challenges presented by a patent appeal. Each chapter contains general advice on how to prepare the section, a sample or two (principally from briefs filed by the author), and comments on the section designed to reinforce the general advice. Similar chapters address issues distinctive to the answering and reply briefs. The balance of the book addresses post-briefing issues, including effective oral argument presentation; petitions for panel rehearing and rehearing en banc; a chapter on cert. petitions; and the pros and cons of hiring appellate co-counsel. Throughout, the focus is on applying general appellate advice to the unique context of patent appeals.

Review :
"This work, by one of the leading appellate lawyers, is an indispensable combination of intellectual-property issues and appellate strategy. In an easy-to-use format that tracks the Federal Rules of Appellate Procedure, Mark Davies distills his unique background in both high-stakes appellatepractice and patent law to assist the patent litigator prepare a clear and effective Federal Circuit brief that best advances the client's cause. This highly readable work includes both the nuts and bolts of appellate practice, as well as numerous substantive suggestions about effectivepresentation and argumentation. This book is an invaluable work for every patent litigator." -Walter Dellinger, Chairman of the Appellate Practice at O'Melveny & Myers LLP, former Acting Solicitor General of the United States, and Duke University Douglas B. Maggs Professor Emeritus of Law"Mark Davies has written a much-needed guide to the patent appeal process that will prove invaluable to any practitioner having a patent case before the Federal Circuit." -Thomas W. Krause, Associate Solicitor, United States Patent & Trademark Office and Adjunct Professor, Georgetown University Law Center.


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Product Details
  • ISBN-13: 9780195374223
  • Publisher: Oxford University Press, USA
  • Publisher Imprint: Oxford University Press, USA
  • Sub Title: The Elements of Effective Advocacy in the Federal Circuit
  • ISBN-10: 0195374223
  • Publisher Date: 01 Jan 2008
  • Binding: Hardback


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Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit
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