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[ChiefJRoberts]

I'm not sure if this is the right forum for this, but I have a question about Federal Circuit patent appeals.  How much do attorneys and law firms typically charge per appeal? Do they charge by the hour just to prepare the brief and appear at oral argument? Do they charge a flat fee per appeal?

[Kaitlin]

While the labor involved in a circuit court appeal may be somewhat more predictable than trial level litigation, I can't imagine anyone doing it for a flat fee.  There are still too many variables:  if appellate counsel wasn't involved at the trial, a certain amount of a learning curve may be necessary for counsel to fully understand the art at issue--depending on how much factual understanding is necessary to a proper understanding of the legal issues; then -- if you're the appellant -- there is the matter of determining which issues of law are appealable and on which of these to focus; and whether one is appellant or respondent, there's the research into cases to support the position(s) argued; followed by the actual crafting of the briefs and then oral argument. 

[bleedingpen]

I'm not sure if this is the right forum for this, but I have a question about Federal Circuit patent appeals.  How much do attorneys and law firms typically charge per appeal? Do they charge by the hour just to prepare the brief and appear at oral argument? Do they charge a flat fee per appeal?

Hourly

[JimIvey]

Just out of curiosity, are you referring to appealing a judgment at the district court level regarding infringement and/or validity?  Or are you referring to appealing to the Federal Circuit from the Board of Patent Appeals and Interferences?

I assume it makes a significant difference in cost.

Regards.

[DogDayPM 9er9er9er]

Just out of curiosity, are you referring to appealing a judgment at the district court level regarding infringement and/or validity?  Or are you referring to appealing to the Federal Circuit from the Board of Patent Appeals and Interferences?  I assume it makes a significant difference in cost.

Enormous difference.