Patexia Insight 262: Leading CAFC Law Firms by Activity and Performance

The U.S. Court of Appeals for the Federal Circuit (CAFC) has an important position in the patent litigation system in the United States. As the court with exclusive jurisdiction over patent appeals, its decisions influence how patents are enforced, challenged, and interpreted across district courts, the Patent Trial and Appeal Board (PTAB), and the International Trade Commission (ITC).

In patent litigation, appeals to the Federal Circuit usually mark the final opportunity to reverse an unfavorable decision or uphold a favorable one, leaving the Supreme Court as the sole remaining avenue for review. The stakes are therefore high, and the selection of appellate counsel can play a key role in the outcome of a case. Effective appellate advocacy requires a different skill set than trial litigation, combining deep knowledge of patent law with the ability to distill complex technical and procedural issues into clear legal arguments before the court.

In this week’s insight, we examine law firms that have been most active before the Federal Circuit and evaluate their performance across patent-related appeals during the study period covered in Patexia’s latest CAFC Intelligence Report.

Recent CAFC Activity (2020–2024) 

Over the five-year period from 2020 to 2024, the volume of appeals before the Federal Circuit showed several fluctuations, reflecting shifts in patent litigation activity and broader enforcement trends. Appeal filings reached their highest level in 2020, with a total of 863 cases. In 2021, activity declined to 665 appeals, representing a notable drop compared to the previous year. The following year saw a rebound, with filings rising to 808 cases in 2022, bringing overall activity close to the levels observed in 2020. Appeal volumes remained relatively stable in 2023, with 803 cases filed, indicating continued reliance on the Federal Circuit as disputes progressed through the appellate stage. In 2024, filings decreased slightly to 714 appeals, suggesting a modest cooling in activity compared to the previous two years.

Top CAFC Law Firms by Activity and Performance

Although many firms handle patent litigation at the trial level, a smaller group regularly appears before the Federal Circuit. These firms bring specialized appellate experience, familiarity with the court’s procedures, and a track record of managing complex patent appeals.

The table below highlights a selection of leading CAFC law firms identified through a combination of activity and performance metrics. These firms have handled a significant number of appeals during the study period while maintaining strong results across different types of cases.

Being ranked within the top 30 places a firm among approximately the top 3% of all law firms that participated in CAFC appeals during the study period.

 

Law Firm	All Cases	Appellee Cases	Appellant Cases	Rank	Category
Sterne, Kessler, Goldstein & Fox	161	69	92	1	Appellee Performance Rank
Haynes and Boone, LLP	132	94	38	2	Overall Performance Rank
Kirkland & Ellis	140	74	67	8	Appellant Activity Rank
Erise IP	56	35	21	10	Appellee Performance Rank
Greenberg Traurig LLP	94	48	46	16	Appellant Activity Rank
Alston & Bird	63	38	25	19	Appellant Performance Rank
Norton Rose Fulbright	53	47	6	19	Appellee Performance Rank
Wolf, Greenfield & Sacks	54	27	27	33	Appellant Activity Rank

 

Methodology Overview

To identify leading CAFC law firms, we analyzed patent-related appeals handled during the study period covered in the report. The analysis includes appeals originating from district courts, PTAB proceedings, and ITC investigations.

The rankings consider several factors, including:
• Total number of appeals handled
• Case outcomes
• Consistency of activity across the study period

Focusing on a multi-year window helps balance long-term reputation with current market presence, ensuring that firms recognized in the rankings reflect both sustained involvement and recent appellate activity. To learn more about how these rankings were calculated, see the methodology here.

About the CAFC Intelligence Report

This analysis is part of Patexia’s CAFC Intelligence Report, which provides detailed data and rankings covering companies, law firms, and attorneys involved in Federal Circuit appeals.

The report includes:
• Activity trends across CAFC appeals
• Performance benchmarking for law firms and attorneys
• Analysis of appeals originating from PTAB, district courts, and the ITC
• Longitudinal insights into patent litigation strategies at the appellate level

For companies involved in patent disputes, this information can help inform decisions when selecting appellate counsel or evaluating litigation strategy. Law firms and attorneys also use these insights to benchmark their activity and performance against peers and better understand shifts in the appellate landscape. To explore the full dataset, rankings, and analysis, access the complete CAFC Intelligence Report.