The 5 Biggest Mistakes Attys Make In Fed. Circ. Briefs

Law360, San Diego (November 3, 2015, 1:30 PM EST) -- Attorneys whose briefs get unnecessarily technical, take nasty swipes at their opponents and strive to argue every last issue aren't scoring any points for their intellectual property appeal at the Federal Circuit.

"The briefs are the most important part of your appellate case," said Nathan Speed, a Wolf Greenfield & Sacks PC litigator who served as a clerk for former Federal Circuit Judge Arthur Gajarsa from 2009 to 2010. "The odds of winning a case at oral arguments are pretty low. By the time attorneys step in for oral arguments, the judges tend to know which way they are leaning. In...

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