While focused on representing clients in the Supreme Court, the firm also serves as counsel to clients in the federal courts of appeals. Like its Supreme Court practice, the firm’s experience in the courts of appeals has covered a wide range of topics, focusing on difficult questions of federal law in consequential litigation.
Trustees of Boston University v. Everlight Electronics Co., Ltd., 896 F.3d 1357 (Fed. Cir. 2018) – successfully represented defendant LED manufacturers against claims of patent infringement and overturned $12 million jury verdict by convincing Federal Circuit that asserted patent was invalid as not enabled.
United States ex rel. Campie v. Gilead Sciences, Inc. (9th Cir. 2017) – Successfully represented whistleblower on appeal from dismissal of False Claims Act case alleging that pharmaceutical company defrauded the Food and Drug Administration as well as government health care programs by knowingly seeking payments for secretly contaminated drugs.
In Re: Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, pending (2d Cir. 2015) – represented hundreds of retailers, including Wal-Mart, Amazon, and Home Depot, challenging $5.7 billion class action settlement regarding fees Visa and Mastercard assess merchants.