Appellate Litigation

Appellate Litigation

At the Patent Trial and Appeal Board, the final written decision is often only the beginning. That’s why McNish PLLC also represents clients on appeal. An experienced advocate at the U.S. Court of Appeals for the Federal Circuit, Kevin McNish has worked on appeals arising from more than a dozen inter partes reviews. In those appeals, he has litigated issues of patent law, administrative law, and constitutional law, both by writing briefs and arguing at oral hearings.

Although McNish PLLC’s appellate practice principally focuses on Federal Circuit appeals of PTAB proceedings, Kevin also represents clients in appeals and mandamus proceedings arising from patent infringement litigation in the U.S. District Courts. Further, he has prepared briefs for amici curiae at both the Federal Circuit and the Supreme Court of the United States.

Representative Work*

Int’l Bus. Machs. Corp. v. Iancu

In consolidated appeals of two IPR final written decisions, drafted all of the appellant’s briefing and prepared the arguing attorney for the oral hearing. The Court reversed one final written decision for lack of substantial evidence and vacated and remanded the other for applying an incorrect claim construction.

Nos. 18-1065 and 18-1066 (Fed. Cir.).

Appellate Litigation – Appeal from the Patent Trial and Appeal Board

Led the appellant’s briefing and argued at the oral hearing in appeal of an IPR final written decision involving a patent related to logistics systems.

No. 18-2373 (Fed. Cir.).

Appellate Litigation – Appeal from the Patent Trial and Appeal Board

Wrote all of the appellant’s briefing and argued at the oral hearing in appeal of an IPR final written decision involving a patent related to charcoal briquets.

No. 18-1957 (Fed. Cir.).


*Includes experience obtained at previous law firms.

Protecting your interests starts here.

Contact McNish PLLC today to find out what the firm can do for you.

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