Luce Forward’s appellate practice consistently obtained favorable results for clients. Members of the appellate team appear as lead counsel in cases in the U.S. Courts of Appeals for the Ninth and Federal Circuits and in all districts of the California Court of Appeal. Our appellate attorneys also have experience in the California Supreme Court and have handled cases in the U.S. Supreme Court and the Fourth, Sixth, and Tenth Federal Circuits. The appellate practice has included more than 60 published opinions in the last 20 years. In addition to representing clients in appellate courts, our appellate attorneys often consult with trial teams on key points of strategy in pleadings, motions, and trials.
Representative Matters.
International Gamco, Inc. v. Multimedia Games, Inc., 504 F.3d 1273 (Fed. Cir. 2007). Patent licensees usually cannot sue for infringement. In this case, the district court created a new theory of licensee standing, potentially subjecting client to multiple suits accusing its technology of violating a single patent. Persuaded the district court to certify its order for interlocutory appeal. The Federal Circuit granted petition to hear the appeal. After briefing and argument, the Federal Circuit not only rejected the new theory, it eliminated the “line of business” theory of licensee standing that the district court extended.
Bilafer v. Bilafer, 161 Cal.App.4th 363 (2008). Established the right of the maker of an irrevocable trust who retains no financial interest in the trust to have the trust reformed because of drafting error by the attorney who prepared the papers.
Interinsurance Exchange of the Automobile Club v. Superior Court, 148 Cal.App.4th 1218 (2007). In a consumer class action, the superior court ruled that client’s time payment program violated a California insurance premium disclosure statute. This exposed the client to damages of approximately $400 million. Petitioned the Court of Appeal for a writ of mandate reversing the superior court’s determination and compelling the superior court to dismiss the case. The appellate court granted the writ.
San Diego Metropolitan Transit Development Board v. RV Communities, 69 Cal.Rptr.3d 705.Obtained affirmance of a substantial eminent domain judgment on behalf of client. This case involved multiple issues of first impression and boiling controversy in eminent domain law. The California Court of Appeal issued its initial decision affirming the judgment in 2005, but the California Supreme Court granted the public agency’s petition for review, ultimately remanding the case for reconsideration. When the Court of Appeal affirmed again, the California Supreme Court depublished the case as precedent but allowed the result to stand.
Wolf v. CDS Devco - Represented CDS Devco and related companies in a dispute with a disgruntled former director. Obtained a determination that the director had no entitlement to access corporate records and then obtain a published opinion of the California Court of Appeal definitively establishing that former directors have no inspection rights.
International Gamco, Inc. v. Multimedia Games, Inc. - Represented Multimedia Games, Inc. in a patent infringement case. Obtained the right to interlocutory appeal of an order allowing a licensee to pursue a patent infringement case, then obtained a published decision of the U.S. Court of Appeals for the Federal Circuit dismissing the case and abolishing licensee standing unless the license amounts to an assignment of all patent rights in a geographically substantial part of the U.S.