Patexia Insight 195: Lateral Moves of CAFC Attorneys in 2023
In late October, we unveiled the CAFC Intelligence Report 2023, a comprehensive analysis encompassing stakeholders before the Court of Appeals for the Federal Circuit (CAFC). We aim to empower attorneys, law firms, Appellee and Appellant companies with insightful data, aiding in informed decisions, practice growth, and optimal counsel selection for CAFC representation.
The CAFC is the key venue for appealing patent cases. Particularly as many proceedings originating from the PTAB have moved to the Federal Circuit following the implementation of Inter-Partes Reviews (IPRs). In this context, our report serves as a valuable tool. In Patexia 190, we delved into the diverse outcomes of terminated appeals and scrutinized their distribution across appeals stemming from different origins. This week, our attention turns towards spotlighting major lateral moves within the CAFC.
We selected the study period from January 1, 2018, through December 31, 2022, to accommodate the necessary time for appeals to initiate, progress, and conclude within the CAFC. During this study period, a total of 4,182 patent-related appeals were filed with a nuanced trend emerging in the caseload at the CAFC. The highest number of appeals, peaking at 960, was recorded in 2018, followed by a downward trajectory in subsequent years. Notably, 2021 saw a significant decline of 22.83% compared to the data from 2020, as depicted in the chart above. However, a substantial rebound occurred in 2022, witnessing an increase of 21.62% in new appeal filings.
The full CAFC Intelligence Report 2023 delves deeper into an array of critical analyses. It navigates through filing trends, offers a comparative study between precedential and non-precedential cases, explores the ultimate outcomes of terminated appeals based on their origins, examines the original initiators of the appeals, and presents the ratio of terminated PTAB proceedings that are appealed. By providing this extensive and insightful overview, the report offers an understanding of the dynamics within the Court of Appeals for the Federal Circuit. Additionally, the report ranks top attorneys, law firms, and companies by activity and performance, further enhancing its depth and value to stakeholders within the legal landscape.
Given the substantial interest garnered by the introduction of CAFC lateral moves last year, we continued this initiative in the current report. By comparing this year’s data with the previous report published in October 2022, we tracked movements among CAFC attorneys, focusing on the top 1,000 most active to maintain relevance. If an attorney changed firms from the previous year, we identified them as part of the group making a lateral move during the current year. Our comprehensive review has identified a total of 34 lateral moves. The table below showcases the top ten attorneys, detailing their current and previous firms, along with the total number of CAFC appeals in which they've been involved:
| CAFC Attorney | Current Firm | Old Firm | Overall Activity Rank | CAFC Appeals |
| Brett A. Mangrum | Cherry Johnson Siegmund James, PLLC | Etheridge Law Group | 9 | 75 |
| Brian M. Koide | Millen, White, Zelano & Branigan, P.C. | Koide IP Law PLLC | 24 | 49 |
| Andrei Iancu | Sullivan & Cromwell | Irell & Manella LLP | 40 | 49 |
| Scott A. McKeown | Wolf, Greenfield & Sacks | Ropes & Gray LLP | 69 | 28 |
| Scott M. Border | Winston & Strawn | Sidley Austin | 84 | 25 |
| Ryan C. Morris | Workman Nydegger | Sidley Austin | 101 | 32 |
| Erik B. Milch | Proskauer Rose | Cooley LLP | 283 | 13 |
| Wayne Helge | Nossaman | Davidson Berquist Jackson & Gowdey | 332 | 13 |
| Laura E. Powell | Wilmer Cutler Pickering Hale and Dorr | 353 | 8 | |
| Nicholas P. Groombridge | Groombridge, Wu, Baughman & Stone LLP | Paul Weiss Rifkind Wharton & Garrison | 355 | 15 |
Law firms strategically position themselves to capitalize on evolving market trends and shifting landscapes within the legal sphere. By expanding their operations, clientele, and talent pool, these firms adapt to embrace emerging opportunities within the CAFC and the broader legal arena. Going beyond attorney movements, we utilized the data from the full lateral moves table to identify the top three growing and declining law firms, shedding light on their strategic shifts and changes in legal practices.
- Groombridge, Wu, Baughman & Stone LLP made a significant mark in the CAFC practice area over the past year. The firm was established in November 2022, right after the release of our previous CAFC Intelligence 2022 Report. It was founded by four patent litigators previously from Paul, Weiss, Rifkind, Wharton & Garrison LLP, three of whom were among the top 1,000 CAFC attorneys, including Nicholas P. Groombridge, who is listed above. In addition to their activity in CAFC, their expertise extends to being recognized as leading practitioners in life sciences and PTAB proceedings, as evidenced by our other reports. Their top clients include X Corp. and Vanda Pharmaceuticals.
- Wolf, Greenfield & Sacks also experienced growth this year by adding two new attorneys. Scott A. McKeown joined from Ropes & Gray LLP in July 2023, followed by Thomas F. Foley from McCarter & English in September 2023. Both attorneys are acknowledged for their extensive experience in PTAB proceedings, encompassing a diverse range of matters spanning high-tech and pharmaceutical patents. The firm's primary clients include Google, University Of Minnesota, and Bose Corporation.
- Reichman Jorgensen Lehman & Feldberg LLP also experienced growth, welcoming two new attorneys from Shearman & Sterling, before it merged with Allen & Overy. Matthew G. Berkowitz and Patrick R. Colsher joined the firm as part of a larger group of patent litigation attorneys in June 2023. Both attorneys are actively engaged not only in CAFC but also in PTAB proceedings, as well as ITC Section 337 investigations, representing companies with technical backgrounds. The firm's primary clients include Cirba Inc., Western Digital, and Mojave Desert Holdings, LLC.
In the coming weeks, we'll further explore the insights from this report by spotlighting the top companies, law firms, and attorneys involved in CAFC litigation. Stay tuned!