Monday, October 06, 2008

CAFC appellate advice from Judge Lourie

Patently-O gives some advice for appeals at the Court of Appeals for the Federal Circuit [CAFC]-->

Make sure your case is final before filing the appeal
Cross appeals are only for the purpose of challenging the decision (not for arguing that the decision is correct)
The exclusive licensee does not have standing by itself (the patent owner must be joined)
Don't allege that "every business fact is super-confidential. It makes it difficult for us to ask questions from the bench and write an opinion."

Limit the issues: "Having more than three issues in a brief suggests to us that you don't have a strong appeal."


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