Invalidity Appeal Brief: Patent Owner | Practical Law
A sample opening appeal brief that a patent owner may use as a starting point when challenging an invalidity judgment before the US Court of Appeals for the Federal Circuit. This brief addresses the invalidity defenses of anticipation, obviousness, written description, enablement, and indefiniteness. It contains arguments by a patent owner to challenge claim construction, judgment as a matter of law (JMOL) determinations, evidentiary rulings, jury instructions, and summary judgment. This Standard Document contains integrated drafting notes with important explanations and tips.