Mark Davies recently authored the user manual for Federal Circuit appeals. From its 300 spiral-bound pages, you can tell that the book is designed to serve the appellate attorney during the process of crafting a brief. Davies argued dozens of appeals as a DOJ appellate attorney and is now doing the same at O’Melveny in DC.
The book is very easy to read and understand, and it does an especially good job of providing concrete advice on how to draft an effective and clearly written brief while staying within the rules.
Davies adapts Strunk & White’s Elements of Style into a top five list that would benefit any writing: (1) Omit needless words; (2) Make the paragraph the unit of composition; (3) Use parallel and consistant writing form; (4) Use the active voice; and (5) Use definite, specific, concrete language.
His biggest general piece of advice is in all caps: DO NOT USE A DISTRICT COURT BRIEF AS A SHELL!
If you have an appeal pending, you better use the book.
Book Review Monday: Patent Appeals The book “Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit” by Mark Simon Davies (Oxford University Press, USA) provides detailed guidance for IP lawyers on the requirements for an appellate brief set out in the Federal Rules of Appellate Procedure 28(a)...
Federal Circuit Patent Mediation Success Rate at 42% Statistics on the activities of the Circuit Mediation Office, including number of appeals brought into mediation, numbers of appeals settled, both patent and non-patent, and success rate are available at this link, listing through December 31, 2007,Appeals settled: 39Patent: 34Non-patent: 5 Appeals not settled; mediation terminated: 53Patent: 43Non-patent: 10 Success rate - overall: 42%Patent: 42%Non-patent: 33%
Federal appeals court backs new sentencing hearing for Mumia Abu-Jamal [JURIST] Journalist and former Black Panther Mumia Abu-Jamal [advocacy website; Philadelphia Inquirer archive], convicted in 1982 of killing Philadelphia police officer Daniel Faulkner [advocacy website] after a traffic stop, may escape the death penalty after the US Court of Appeals for the Third Circuit on Thursday issued an opinion [PDF text] affirming a federal judge's allowance of a new