Appellate Lessons From Fed. Circ. EchoStar Unit IP Case

Law360 (August 29, 2019, 11:54 AM EDT) -- The U.S. Court of Appeals for the Federal Circuit’s recent decision in Elbit Systems Land & C4I Ltd. v. Hughes Network Systems Inc.,[1] which affirmed a $21 million judgment, demonstrates the challenges an appellant faces when seeking to reverse a jury verdict in a patent case, but the case offers some lessons on appellate preservation for litigants in district court.

We’ve identified three takeaways from the decision, which we describe in more detail following the case background:

A party making a substantial evidence challenge alone will face difficulty reversing an infringement verdict.

A Rule 403 objection to a damages opinion is...

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