Federal Circuit Appeals

We have deep experience with appeals before the U.S. Court of Appeals for the Federal Circuit. Representative matters in which we were lead appellate counsel include representing:

• Amgen against Sandoz in an early appeal establishing the rules under which Biologics Price Competition and Innovation Act will be litigated, against Hospira in an appeal further clarifying those rules, against Apotex in an appeal from the first trial under that statute, and against Coherus in appeal about prosecution history estoppel.
• Biogen against EMD Serono in an appeal about the novelty of recombinant proteins over their natural human analogues.
• Chugai Pharmaceuticals against Pfizer in an appeal defending our victories in two IPRs on patents involving protein purification.
• Edwards Lifesciences against Medtronic in an appeal defending our summary judgment victory in a case involving transluminal delivery of prosthetic valves.
• Garmin against Triangle Software in protecting our trial victory on appeal, against Pacing Technologies in protecting our summary judgment victory on appeal, and against the International Trade Commission in a proceeding involving downward-directed sonar.
• Genentech against biosimilar makers in defending patents protecting Genentech’s cancer therapies, and against Baxalta in litigation regarding a breakthrough hemophilia treatment.
• Liberty Mutual against Progressive Cas. Ins. Co. in an appeal successfully defending final written decisions from an IPR.  
• Onyx Therapeutics against CIpla in defending patents protecting a cancer therapy.
• Samsung against Rosetta-Wireless in an appeal successfully defending a final written decision from an IPR.  
• Sealy Technology against Simmons Bedding Company in successfully defending a final written decision from an IPR.  
• Vanda against West-Ward Laboratories in an appeal establishing key principles of Hatch-Waxman law and patent eligibility related to natural phenomenon. 
• Yeda Research and Development against UCB in an appeal about chimeric and humanized antibodies, and against IBEP in an appeal about a patentee’s standing to sue.