Merchant & Gould’s Appellate Group provides clients with specialized experience in appellate advocacy.  The attorneys in Merchant & Gould’s Appellate Group have extensive experience with appellate advocacy in a broad spectrum of legal areas and technologies.  Our attorneys have successfully handled numerous patent appeals at the Federal Circuit and appeals on a wide range of other intellectual property cases, including copyright, trademark, right of publicity, and trade secrets in circuit courts across the country.  Merchant & Gould’s Appellate Group includes attorneys who have extensive experience both in private practice as well as attorneys who formerly served as judicial law clerks to federal circuit court judges.  

The attorneys in Merchant & Gould’s Appellate Group consult at all stages of trial and post-trial proceedings.  At the trial stage, our attorneys look ahead to spot, preserve, and ensure an appropriate record is developed for potential post-trial appeal issues.  After trial, we assist with post-trial motions to assure that issues are properly preserved and presented, all with a potential future appeal in mind.  Attorneys from Merchant & Gould’s Appellate Group are also often engaged to handle post-trial proceedings and appeals for cases in which the firm was not previously involved.  In these cases, clients look to our attorneys for their specialized knowledge and insight into the appeal process—a process that is quite different in strategy, procedure, and execution from the trial court proceedings.  In each of these instances, our attorneys use their extensive knowledge of intellectual property law and appellate practice to identify and frame the relevant legal and factual issues and engage in all aspects of appellate advocacy and amicus representation.

The attorneys in Merchant & Gould’s Appellate Group carefully monitor developments in intellectual property law and stay current on relevant appellate issues in a variety of ways.  Our attorneys regularly write articles and lecture on important appellate topics.  Members of our Appellate Group also regularly provide internal presentations on significant and recent Federal Circuit court decisions to other attorneys in the firm.  And the Firm’s Whitepaper project focuses on providing the firm’s attorneys and clients with current information on important and emerging legal issues.

IP Case Updates Blog

Representative Cases


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Retroactive Agreements Sufficient to Create Standing Under Copyright Act
CAFC Holds Generic Industry Skepticism Alone Insufficient to Preclude Motivation to Combine
District Court’s Indefiniteness Determination Based on “Unanswered Questions” Reversed by CAFC
CAFC Vacates and Remands International Trade Commission Infringement Holding
CAFC Affirms Dismissal of ANDA Case for Improper Venue
35 U.S.C. § 101: Reports of its death are exaggerated
Merchant & Gould attorneys Rachel Zimmerman Scobie and Elisabeth Muirhead co-authored a Minnesota Lawyer article titled "35 U.S.C. § 101: Reports of its death are exaggerated." The article examines two recent decisions by the U.S. Court ...
Merchant & Gould Attorneys Speak at Midwest IP Institute
Three Merchant & Gould attorneys will be featured speakers at the 2017 Midwest IP Institute on September 28 in Minneapolis. Partners Andrew Lagatta, Heather Kliebenstein, and Rachel Hughey will give presentations on the first day of the conference.2017 ...
Press Releases
Merchant & Gould Listed in IAM Patent 1000
Merchant & Gould offices and individuals were recognized in the IAM Patent 1000 list of “the world’s leading patent professionals” for 2017.In its rankings of firms and individuals, IAM Patent 1000 includes Merchant & Gould in the ...
Press Releases
Merchant & Gould Files Amicus Brief on Behalf of Plantronics in Key Patent Exhaustion Case Pending before U.S. Supreme Court
Merchant & Gould client Plantronics, a leading global designer, manufacturer, and marketer of headsets for business and consumer applications, has filed a brief in a closely-watched U.S. Supreme Court case addressing when and how a patent owner's U.S. ...
Rachel Hughey Gives Practical Tips on Writing Persuasive Appellate Briefs in Live Webinar
Rachel Hughey, a partner in the Minneapolis office of Merchant & Gould and former appellate law clerk, will be a presenter in a live webinar on writing persuasive appellate briefs on September 7, 2016.Mastering the Art of Writing Persuasive Appellate Briefs: ...
Press Releases
Merchant & Gould Successfully Represents Rudolph Technologies Before Trial Court and on Appeal, Gaining Quick Affirmance of $14 Million Patent Infringement Judgment
Merchant & Gould is pleased to have represented Rudolph Technologies, Inc. in recently securing an appellate victory in a patent infringement dispute with Camtek, Ltd. over semiconductor chip inspection technology.On Feb. 1, the U.S. Court of Appeals for ...
Getting to Rule 36
By Rachel C. Hughey[1]Under Federal Circuit Rule 36, the Federal Circuit may issue a judgment affirming the lower tribunal’s decision without a written opinion.  This is colloquially known as a “Rule 36 affirmance” or “summary ...