Appellate

Combining a long track record and experience base at the Federal Circuit and with its leadership at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB), Sterne Kessler has become a “go-to” firm for Federal Circuit appeals involving IPRs/CBMs/PGRs under the America Invents Act (AIA). We were ranked the Best Performing Law Firm for appellees in patent cases at the Federal Circuit in the 2024 CAFC Intelligence Report from Patexia as well as a top 10 most active law firm and top 10 best performing law firm overall for the same five-year time period (2019-2023).

Sterne Kessler’s long-standing Appellate Practice has served the intellectual property litigation needs of its clients for most of the firm’s 45-year history. Its practitioners have been involved in many of the seminal patent law cases to reach the Court of Appeals for the Federal Circuit and the U.S. Supreme Court over the past 30+ years. That includes direct involvement in cases such as Alice Corp. v. CLS Bank, KSR v. Teleflex and Phillips v. AWH Corp. as well as serving as lead counsel in In re Beauregard and In re Wands.

With a long track record and experience base at the Federal Circuit, work in this venue has grown considerably in recent years. Similar to the firm’s rise in Patent trial and Appeal Board (PTAB) litigation, Sterne Kessler has become a leader in Federal Circuit appeals involving IPRs/PGRs/CBMs under the America Invents Act (AIA). With the recent explosion of Federal Circuit appeals from those proceedings, Sterne Kessler has emerged as a “go-to” firm for appeals from the PTAB. Our attorneys have been lead counsel most recently for clients such as Google, Immunogen, Global Tel*Link, Spectrum Brands, Medtronic and Level 3 Communications, as well as for Ricoh, Xerox and Lexmark in a joint case against the well-known patent assertion entity MPHJ. Those cases cover a wide range of technologies and complex legal issues.

Sterne Kessler has been co-counsel on cases before the Supreme Court, including the seminal Alice case. In addition to playing a direct role in Supreme Court cases, Sterne Kessler has worked on behalf of numerous clients and industry groups to prepare amicus briefs in relation to intellectual property cases before the Supreme Court.

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