Top CAFC Law Firms of 2024: Leading the Way in Appellate IP Litigation

The 2024 CAFC Intelligence Report was released at the beginning of November, offering a comprehensive look into the dynamic world of appellate IP litigation. This in-depth report analyzes trends, rankings, and statistics from the U.S. Court of Appeals for the Federal Circuit (CAFC), shedding light on the key players shaping this law area.

The report compiles extensive data from key sources such as the PTAB, ITC, and district courts, drawing on a comprehensive analysis of cases from July 1, 2019, to June 30, 2023. During this period, 4,022 CAFC cases were filed, involving 20 judges, 2,857 companies, 5,398 attorneys, and 1,071 law firms.

By evaluating activity, success and performance through a robust ranking methodology, we rank companies, attorneys, and law firms based on their contributions to CAFC appeals. Previously, we highlighted the top attorneys leading the appellate field, showcasing their exceptional activity and performance. This week, we turn our focus to the law firms that have made their mark in CAFC litigation, standing out for their volume of cases or outstanding outcomes.

Most Active Firms: Leading the High-Volume Litigation

The table below shows the firms that are ranked in the top 5% in active participation, which reflects their clients’ confidence in their ability to navigate complex appellate cases and achieve favorable outcomes.
 

Overall Activity Rank	Law Firm	All Cases
1	Fish & Richardson	332
2	Wilmer Cutler Pickering Hale and Dorr	240
3	Finnegan, Henderson, Farabow, Garrett & Dunner	242
4	Paul Hastings	172
5	Quinn Emanuel Urquhart & Sullivan	162
6	Sterne, Kessler, Goldstein & Fox	152
7	Perkins Coie	144
8	Kirkland & Ellis	147
9	Baker Botts LLP	122
10	Morrison & Foerster	117
17	Greenberg Traurig LLP	96
21	Kilpatrick Townsend & Stockton	93
34	Wolf, Greenfield & Sacks	57
37	Alston & Bird	62
47	Erise IP P.A.	54

In terms of activity, Fish & Richardson leads the rankings with the highest case volume, showcasing its dominance in appellate litigation. Known for its expertise in IP law, the firm has maintained a robust presence across various appeals, representing clients in a diverse range of industries.

Other standout firms in the activity rankings include Wilmer Cutler Pickering Hale and Dorr; Finnegan, Henderson, Farabow, Garrett & Dunner, and Paul Hastings, which have consistently demonstrated their ability to handle high case volumes while delivering strategic legal expertise.

Top-Performing Firms: Setting the Standard for Appellate Excellence

While activity is important, performance metrics reveal another dimension of excellence. As you can see in the following table, Perkins Coie emerges as a top-performing firm, excelling in case performance score (97.64%) and client outcomes.
 

Overall Performance Rank	Law Firm	Overall Performance Score
1	Perkins Coie	97.64%
2	Fish & Richardson	97.31%
3	Haynes and Boone, LLP	96.73%
4	Wilmer Cutler Pickering Hale and Dorr	96.44%
5	Orrick Herrington & Sutcliffe	96.03%
6	Prince Lobel Tye LLP	95.16%
7	Sidley Austin	94.48%
8	Sterne, Kessler, Goldstein & Fox	93.51%
9	Morrison & Foerster	93.36%
10	Kirkland & Ellis	93.08%
14	White & Case	92.23%
21	Norton Rose Fulbright	90.78%

Other high-performing firms include Fish & Richardson and Haynes and Boone, LLP, which have shown exceptional overall performance rates across a wide array of cases. Their consistent results highlight the firm’s strategic approach to appellate litigation and its ability to adapt to the nuanced demands of CAFC cases.

These top firms have demonstrated their ability to excel in these areas, making them go-to choices for clients facing high-stakes appellate cases. Their work not only impacts individual cases but also contributes to the evolving landscape of IP law, shaping industry standards and legal precedents.

CAFC Appeal Trends: The Outcomes by Originating Court

The outcomes of CAFC appeals vary significantly depending on their originating courts, offering valuable insights into judicial trends and the appellate court’s decision-making process. Leveraging Patexia’s Litigation Analyzer, the following chart provides a detailed overview of these variations, shedding light on the performance and consistency of different venues in shaping patent-related appeals.

Appeals from the PTAB and district courts exhibit similar affirmation rates, both around 46%, reflecting the CAFC’s alignment with these venues. In contrast, ITC-originated cases show a significantly lower affirmation rate of 34.07%, highlighting unique challenges associated with these appeals. Dismissals and withdrawals are particularly high for ITC cases, reaching nearly 55%, compared to 37.30% for the PTAB and 32.01% for district courts, suggesting procedural or merit-based barriers specific to ITC appeals.

When examining Vacated and Remanded outcomes, the PTAB leads with an 8.19% rate, followed by the ITC at 5.49% and district courts at 5.00%. This trend indicates the CAFC’s willingness to revisit PTAB decisions more often, likely due to the technical complexity of cases originating from this venue. Reversal rates remain low across all courts, with PTAB appeals at 0.97% and district court appeals slightly higher at 1.73%, signaling the difficulty of overturning lower court rulings, even when significant legal questions arise.

These trends underscore how the originating court influences appeal outcomes, reflecting the nuanced dynamics of appellate decision-making. Stakeholders in patent litigation can use these insights to better anticipate the challenges and opportunities presented by appeals from different venues, ensuring more informed and strategic approaches to their cases.

Our Methodology

The 2024 CAFC Intelligence Report employs a proprietary, data-driven methodology to evaluate attorney performance and activity comprehensively. Our rankings are determined using a blend of quantitative metrics, including the number of cases handled by each attorney and their success rates. Additionally, we account for case complexity, the significance of the parties involved, the recency of cases, and final outcomes such as written decisions, settlements, or denials.

For a detailed look at the rankings and a deeper dive into appellate trends, explore the full report. The 2024 CAFC Intelligence Report is available here.