Appellate

Harness Dickey goes the distance when it comes to delivering effective appellate advocacy. Particularly so for appellate law, the quality of the legal counsel retained is critical to the success of the outcome. A party is only afforded its appeal brief (and a short reply brief if the party is the Appellant) and fifteen minutes of oral argument to convey its case — so, every word counts. Harness Dickey’s Appellate lawyers are highly skilled at making the most of every written and spoken word to persuade the appellate judges in their favor.

Victory on appeal requires lawyers who are disciplined advocates, understand complicated technologies and scientific theories, and are able to distill this information into straight talk that can be understood by judges. This level of persuasion is paramount to the appeals process, and Harness Dickey achieves this end again and again.

Harness Dickey has a proven appellate track record. Our appellate lawyers have served as lead counsel before the Federal Circuit Court of Appeals in over 30 patent case in recent years. Additionally, we have appeared as lead counsel before many regional federal courts of appeal across the country in trademark and trade dress cases. Our track record of success in appellate work is impeccable.

Harness Dickey was the prevailing counsel of record before the Supreme Court of the United States in the landmark case, Octane Fitness LLC v. ICON Health and Fitness, Inc. Our lawyers convinced all nine Supreme Court Justices to overturn the prevailing standard for awarding attorneys’ fees to the prevailing party in a patent case, and where the case was “exceptional.”

We deliver definitive appellate counsel from the very start. Because appeals in patent cases are virtually a given, it is imperative that trial counsel prepare and present a patent case in the federal district court with an eye toward winning a judgment that can be preserved on appeal. Our litigation attorneys have extensive and hands-on experience in both trial court litigation and appellate litigation. As a result, we litigate our cases at the district court level with an intense focus on not only obtaining a favorable judgment, but also a judgment that is rock solid so that it will hold up on appeal.

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