Desmarais LLP | Appellate Practice

Desmarais LLP attorneys regularly represent clients in appeals at the U.S. Court of Appeals for the Federal Circuit in patent cases that originate in federal district court, the U.S. International Trade Commission, and the U.S. Patent and Trademark Office Patent Trial and Appeal Board. We also have a pro bono appellate practice, representing veterans in appeals to the U.S. Court of Appeals for Veterans Claims and the Federal Circuit.

We understand that a successful appeal begins long before the formal filing of the notice of appeal. We recognize the importance of positioning our cases in the lower tribunal to preserve wins and overturn losses in the appeals court. Our appellate practice is interwoven with our other practice areas, which allows us to strategize throughout each stage of the case to leverage our strongest appeal positions. We also embed with trial teams to ensure all issues are preserved for potential appeal.

Once an appeal begins, our familiarity with the intricacies of the Federal Circuit’s rules and procedures enables us to navigate the appeal process from start to finish. Most importantly, our experienced appellate practitioners—including a roster of former appellate clerks—excel at identifying issues and arguments to present on appeal, writing strong well-supported appeal briefs, and presenting compelling oral argument.

MORE LESS

Representative Appellate Matters

XMTT v. Intel, No. 23-1712 (Fed. Cir. 2024)
After Desmarais LLP won summary judgment of noninfringement in favor of Intel in the District of Delaware in a case involving computer architecture, Desmarais secured summary affirmance of that judgment under Federal Circuit Rule 36.

Cellspin v. Fitbit, No. 22-2025, 23-1526 (Fed. Cir. 2024)
After Desmarais LLP won summary judgment in favor of Fitbit in a case involving Bluetooth technology, Desmarais LLP represented Fitbit in the subsequent appeal to the Federal Circuit. Other members of the joint defense group adopted and incorporated significant portions of Fitbit’s brief, a Desmarais LLP attorney represented the interests of Fitbit and three of the other defendant-appellees during oral argument at the Federal Circuit. Ultimately, Desmarais LLP secured affirmance of the district court’s summary judgment grant.

Additionally, in early 2023, Desmarais LLP successfully defeated a motion by the plaintiff to disqualify the district court judge from the same case after summary judgment was already granted. The plaintiff appealed the denial of that motion to the Federal Circuit, and Desmarais LLP secured affirmance of the district court’s decision.

Labcorp v. Ravgen, Nos. 23-1342, -1345 (Fed. Cir. 2025);
Labcorp v. Ravgen, No. 23-1517 (Fed. Cir. 2025);
Streck v. Ravgen, No. 23-1989 (Fed. Cir. 2025)
Desmarais LLP successfully defended the validity of Ravgen’s patents in IPR proceedings initiated by Labcorp and Streck in the Patent Trial and Appeal Board. On appeal, Desmarais LLP again represented Ravgen in three separate appeals, including oral argument in all three on the same day. Ultimately, Desmarais LLP was able to secure affirmance of the Board’s final written decisions in all three appeals.

Sound View v. Hulu, No. 21-1998 (Fed. Cir. 2022)
After the district court in the Central District of California granted summary judgment of noninfringement, Desmarais LLP successfully argued on appeal on behalf of Sound View that the summary judgment should be vacated because factual disputes remained as to whether a “cache” in the accused products could meet the “buffer” required by the district court’s claim construction.

Straight Path v. Cisco, No. 20-1964 (Fed. Cir. 2021)
Desmarais LLP secured Rule 36 affirmance for Cisco of the district court’s exceptional case finding under 35 U.S.C. § 285 and the district court’s award of attorneys’ fees based upon an alternative fee arrangement.

IBM v. Iancu, Nos. 18-1065, -1066 (Fed. Cir. 2019)
After the PTAB issued two final written decisions invalidating claims of an IBM patent relating to single-sign-on (“SSO”) technology, Desmarais LLP successfully argued to the Federal Circuit that one decision should be vacated and the other decision should be reversed.

Straight Path v. Cisco, No. 18-1492 (Fed. Cir. 2019)
After winning summary judgment of noninfringement in favor of Cisco in the Northern District of California, Desmarais LLP secured summary affirmance under Federal Circuit Rule 36.

Parallel Networks v. IBM, No. 17-2042 (Fed. Cir. 2018)
After winning summary judgment of noninfringement in favor of IBM in the District of Delaware, Desmarais LLP secured summary affirmance under Federal Circuit Rule 36.

Uship v. U.S. and IBM, No. 12-5077 (Fed. Cir. 2013)
Desmarais LLP secured affirmance of a claim construction and judgment of noninfringement for IBM in a case involving patents relating to automated postal machines.