Judge Moore Offers Attorneys Advice on Patent Appeal Strategy

Attorneys should carefully evaluate which issues of a patent case are most likely to get traction on appeal, Federal Circuit Judge Kimberly A. Moore says.

The U.S. Court of Appeals for the Federal Circuit uses a very deferential standard of review for factual findings by the Patent Trial and Appeal Board or a jury. “So, if you’re just telling me I should read a piece of prior art differently than the agency read it, that’s a tough hurdle to overcome,” Moore said at the University of Illinois Chicago John Marshall Law School IP Master Class virtual seminar Friday.

“Your best ...