Enter to open, tab to navigate, enter to select
Patent Litigation Federal Circuit Appeals Toolkit
Practical Law Toolkit w-032-8353 (Approx. 16 pages)
Patent Litigation Federal Circuit Appeals Toolkit
by Practical Law Intellectual Property & Technology
| Maintained • USA (National/Federal) |
Resources to assist counsel appealing a US District Court, Patent Trial and Appeal Board (PTAB), US Court of Federal Claims (CFC), or International Trade Commission (ITC) judgment or order to the US Court of Appeals for the Federal Circuit in patent litigation.
The US Court of Appeals for the Federal Circuit has exclusive jurisdiction over patent litigation appeals from:
- Final decisions of a US district court in any case:
- with a patent cause of action or compulsory counterclaim under 28 U.S.C. § 1295(a)(1) (see Practice Note, Patent: Case Tracker); or
- seeking to obtain a patent through a civil action against the Director of the US Patent and Trademark Office (USPTO) based on actions by the USPTO or its Patent Trial and Appeal Board (PTAB) under 35 U.S.C. §§ 145, 146, or 154(b).
- Final written decisions by the PTAB concerning a patent application, derivation proceeding, reexamination, post-grant review, or inter partes review (28 U.S.C. § 1295(a)(4)(A); see Practice Note, USPTO America Invents Act Trial Tracker (PTAB)).
- Final determinations of the US International Trade Commission (ITC) relating to unfair practices in import trade made under Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) (28 U.S.C. § 1295(a)(6); see Practice Note, ITC Section 337 Investigations: Appeals and Other Judicial Challenges).
- Final decisions of the US Court of Federal Claims (28 U.S.C. § 1295(a)(3)).
- District court or agency interlocutory orders if the Federal Circuit would have jurisdiction over the final decision in that action (28 U.S.C. § 1292(c), (d); In re Princo Corp., 478 F.3d 1345, 1351 (Fed. Cir. 2007)).
This Toolkit identifies resources to help counsel navigate issues specific to patent litigation when appealing or responding to an appeal at the Federal Circuit.
For a Toolkit identifying resources on the procedural aspects of Federal Circuit appeals, from initiating an appeal through rehearing, see Federal Circuit Civil Appeals Toolkit.