Federal Circuit Judges Detail the Fastest Ways to Lose Your Case

Several types of blunders during oral argument can torpedo cases that are otherwise in the bag, Federal Circuit judges warned a conference room of appellate litigators.

“I think as many cases are lost at oral argument as are won at oral argument,” said Judge Timothy B. Dyk, who was an appellate lawyer before joining the influential court with jurisdiction over patent cases in 2000.

Dyk and five other judges for the US Court of Appeals for the Federal Circuit appeared on a panel Tuesday to discuss best—and worst—practices during the court’s biennial judicial conference. The conference’s programming featured all of ...