The Federal Circuit released a "theme song" in a 3-minute YouTube music video. (Yes, that's a monkey riding a rocket.) Check it out here.
Law360 has Fed. Circ. Drops A Theme Song, Talks Guest Judges
The Federal Circuit judges' advice to litigators largely came down to making the appeal as targeted as possible. Both Judge Chen and U.S. Circuit Judge Kara F. Stoll said the parties need to limit the number of arguments raised. Judge Chen said he's had cases go to the Supreme Court, and only then does he see the petitioner narrow its request the way he'd needed below. The judges encouraged parties to proactively address the other side's arguments, with Judge Chen suggesting a specific rebuttal section in briefs to do so. U.S. Circuit Judge Sharon Prost similarly said parties should admit their weaknesses and work the judges through them.
Lawyers should also use full quotes from the cases they're citing when possible, Judge Lourie said. "We don't entirely trust you" when citing clips without the full context, he continued.
Judge Lourie also discouraged having pages in briefing that are nearly all footnotes. Other tips included Judge Hughes recommending having non-patent colleagues read over briefs to see if they make sense to lay folk, and U.S. Circuit Judge Tiffany P. Cunningham encouraging lawyers to make concessions when appropriate rather than fighting everything.
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