Fish & Richardson lets its trial attorneys argue appeals as long as Fish’s appellate team remains in charge of crafting rock-solid legal arguments in the briefs. "We call it our ‘no egos’ approach to appeals," said John Dragseth, the appellate group co-chairman. The briefing, he said, is "clearly the most important part of the appeal."
Last June, Dragseth and partner Frank Porcelli secured a U.S. Court of Appeals for the Federal Circuit ruling vacating a $371.2 million damages award against a client in Bard Peripheral Vascular Inc. v. W.L. Gore & Associates Inc. Based on briefs that argued for a rehearing, the full Federal Circuit overturned a three-judge panel. The new ruling said that a judge must find an objective showing of recklessness to establish willful patent infringement.
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