3 Tips For Any Fed. Circ. Appeal

Law360, New York (August 23, 2013, 10:16 AM EDT) -- On May 14, 2013, the Federal Circuit issued its decision in Metso v. Powerscreen, invalidating the asserted patent and erasing a more than $30 million judgment for the patentee.[1] In the district court, the jury found that Powerscreen willfully infringed a valid patent, and the district judge doubled the damages award for willfulness. Merchant & Gould was brought in to handle Powerscreen’s appeal to the Federal Circuit, and our team prevailed.

In public commentary,[2] several judges of the Federal Circuit have provided useful advice about how...
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