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Federal Circuit Appeals

Leveraging our extensive experience in patent litigation at the trial level, Vinson & Elkins’ patent litigators routinely represent clients before the U.S. Court of Appeals for the Federal Circuit as an integral part of our patent litigation practice. Our team includes a number of former clerks from the U.S. Supreme Court and the Federal Circuit, as well as numerous other federal and state courts of appeal.

V&E’s patent litigation lawyers provide legal and strategic counseling to clients to frame their arguments before the Federal Circuit. Because patent cases often include complex commercial, antitrust, and licensing issues—and because complex commercial cases increasingly include patent claims—our appellate teams harness V&E’s broad litigation experience by partnering with lawyers from those practices as well.

Experience Highlights

  • (Fed. Cir.); (N.D. Cal.) — Represented leading Internet companies in consolidated patent infringement actions related to distributed processing technology; obtained judgment on the pleadings invalidating all three asserted patents for claiming unpatentable subject matter; the judgment was affirmed by the Federal Circuit

  • (Fed. Cir.); (D. Del.) — Defended several major gaming companies in a patent infringement lawsuit related to peer-to-peer network technologies; obtained summary judgment of non-infringement after successful claim construction proceedings; Federal Circuit affirmed on appeal

  • (Fed. Circ.); (S.D. Tex.) — Defended AKM Enterprises, Inc. d/b/a Moblize, Inc., a provider of real-time data solutions for oil well monitoring and analysis, in a patent infringement case filed by a competitor seeking in excess of $200M and a preliminary injunction; obtained dismissal with prejudice and invalidity of the asserted patent based on unpatentable subject matter, which was affirmed on appeal

  • (ITC); (Fed. Cir.) — Represented respondent Suprema, Inc., a South Korean maker of biometric scanners, as lead trial counsel in the defense of a Section 337 investigation over alleged patent infringement; after a full evidentiary hearing, obtained a favorable ruling that had no material preclusive effect on the importation of Suprema’s current products; on appeal of a remaining issue, although subsequently reversed after en banc review and a 6-4 vote, obtained landmark ruling limiting the statutory authority of the ITC to remedy indirect patent infringement; ranked #2 of the Top 10 ITC Developments of 2013 by Law360; matter settled before review by the U.S. Supreme Court was sought

  • (S.D.N.Y.); (Fed. Cir.) — Obtained a complete affirmance of the dismissal of all claims against a leading consumer electronics and digital media provider before the Federal Circuit; claims included fraud, breach of contract, patent infringement, and trademark infringement

  • (N.D. Tex.); (Fed.Cir.) — Obtained a complete victory for a client accused of patent infringement and misappropriation of trade secrets in connection with computer software and methods for horizontal drilling of oil and gas wells; after obtaining a summary judgment on the trade secrets claim, V&E tried the case and obtained a judgment for our client; we obtained an affirmance of the judgment on appeal 

  • (S.D. Tex.); (Fed. Cir.); (5th Cir.) — Represented an oilfield services client from claims of breach of a patent license agreement; after we successfully established federal subject matter jurisdiction, the case settled on favorable terms