Appellate Practice

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.

Representative Matters

• 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.

• Rembrandt Technologies, LLC v. Comcast of Florida/Pennsylvania, L.P., et al. 899 F.3d 1254 (Fed. Cir. 2018) – successfully represented patent litigant in appeal of largest attorney’s fee award ever under 35 U.S.C. 285.

• United States ex rel. Campie v. Gilead Sciences, Inc. 862 F.3d 890 (9th Cir. 2017) – Successfully represented whistle-blower 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, 827 F.3d 223 (2d Cir. 2016) – 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.

• U.S. Telecom Assoc. v. FCC, 855 F.3d 381 (D.C. Cir. 2017) – successfully represented intervenors defending Federal Communications Commission’s net neutrality rules.
• Motorola Mobility LLC v. AU Optronics, 775 F.3d 816 (7th Cir. 2015) – represented Motorola in international antitrust dispute over price fixing for LCD panels.
• POM Wonderful v. Federal Trade Commission, 777 F.3d 478 (D.C. Cir. 2015) - represented food producer raising First Amendment and administrative law challenges to Federal Trade Commission ruling regarding the kind of testing required to substantiate implied health claims.
• In re: World Trade Center Disaster Site, 521 F.3d 169 (2d Cir. 2008) – successfully represented 10,000 firefighters, law enforcement officers, and construction workers in resisting various assertions of immunity to claims for respiratory injuries arising from activities at the site of the World Trade Center disaster. Case subsequently settled for more than $700 million.
• California v. Altus Finance S.A., 540 F.3d 992 (9th Cir. 2008) – successfully obtained retrial on $800 million punitive damages claim on behalf of California Insurance Commissioner.