2 Steps To Avoid Waiver: Lessons From HTC V. IPCom

Law360, New York (February 23, 2012, 1:27 PM EST) -- We all know that appellate courts generally do not consider issues for the first time on appeal. That’s why the best trial lawyers, including intellectual property litigators, force themselves to think like appellate attorneys. They spot potential errors made by the trial court and make sure those issues are preserved for appeal. In HTC Corp. et al v. IPCom GmbH & Co. KG (Fed. Cir. 2012), HTC learned the hard way that failing to do so can turn a winning argument into a losing one....
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