Appellate Litigation: Highlighting the Top CAFC Attorneys of 2024

The U.S. Court of Appeals for the Federal Circuit (CAFC) continues to shape the intellectual property landscape, resolving disputes that set industry benchmarks and drive innovation. The 2024 CAFC Intelligence Report showcases the top-performing and most active attorneys over the past five years, revealing the legal minds at the forefront of this dynamic appellate arena.

Focusing on appellate cases filed from January 1, 2019, to December 31, 2023—with the latest updates on case developments as of September 1, 2024—the report compiles extensive data from key sources such as the PTAB, ITC, and district courts, offering a comprehensive analysis of CAFC litigation trends over time.

During this period, 4,022 CAFC cases were filed, involving 20 judges, 2,857 companies, 5,398 attorneys, and 1,071 law firms. Using a robust ranking methodology, we evaluate the activity, success, and performance of attorneys, law firms, companies, and judges by assigning points across various metrics, delivering a clear and accurate picture of their contributions and effectiveness in appellate litigation.

Now, let’s explore a detailed list of attorneys who have significantly impacted CAFC litigation. In the following tables, you will find some of the best CAFC attorneys mentioned either for their high activity or for their top performance. It is important to highlight that being named on those lists means the attorney was in the top 2% out of 5,398 attorneys.

Most Active Attorneys: Leaders in Appellate Advocacy

Rank	Attorney	Law Firm	All Cases
1	Naveen Modi	Paul Hastings	133
2	Gabriel K. Bell	Latham & Watkins	78
3	Seth W. Lloyd	Morrison & Foerster	77
4	John C. O'Quinn	Kirkland & Ellis	85
5	Karl Renner	Fish & Richardson	74
6	Timothy Devlin	Devlin Law Firm	67
7	Brian Matsui	Morrison & Foerster	73
8	Mark C. Fleming	Wilmer Cutler Pickering Hale and Dorr	71
9	Stephen Kinnaird	Paul Hastings	67
10	Joseph E. Palys	Paul Hastings	66
25	Brett A. Mangrum	Cherry Johnson Siegmund James, PLLC	64
33	Jon E. Wright	Sterne, Kessler, Goldstein & Fox	47
42	Scott A. McKeown	Wolf, Greenfield & Sacks	36
58	Kirk T. Bradley	Alston & Bird	33

Naveen Modi of Paul Hastings ranks as the most active attorney with 133 cases, exemplifying a steadfast presence in CAFC litigation. His expertise spans industries such as telecommunications and pharmaceuticals, reflecting his ability to handle high-stakes disputes with precision.

Close behind is Gabriel K. Bell of Latham & Watkins, who handled 78 cases, and Seth W. Lloyd of Morrison & Foerster with 77 cases. Both attorneys are recognized for their strategic acumen in addressing complex IP challenges, particularly in cases involving cutting-edge technologies.

John C. O’Quinn of Kirkland & Ellis ranks fourth with 85 cases, showcasing his versatility in managing a substantial caseload while delivering exceptional outcomes. Karl Renner of Fish & Richardson also stands out with 74 cases, demonstrating his deep understanding of patent law and technical nuances.

Other notable mentions include Timothy Devlin (Devlin Law Firm) with 67 cases and Mark C. Fleming (Wilmer Cutler Pickering Hale and Dorr) with 71 cases. These attorneys consistently lead high-profile cases, reinforcing their positions as trusted advocates in the appellate IP landscape.

Top-Performing Attorneys: Delivering Winning Strategies

Rank	Attorney	Law Firm	Overall Performance Score (%)
1	John C. O'Quinn	Kirkland & Ellis	96.62%
2	Brian Matsui	Morrison & Foerster	95.66%
3	Debra J. McComas	Haynes and Boone, LLP	95.39%
4	Naveen Modi	Paul Hastings	95.14%
5	Joshua L. Goldberg	Finnegan, Henderson, Farabow, Garrett & Dunner	95.13%
6	Joseph E. Palys	Paul Hastings	94.77%
7	Seth W. Lloyd	Morrison & Foerster	93.48%
8	Stephen Kinnaird	Paul Hastings	93.38%
9	Angela M. Oliver	Haynes and Boone, LLP	93.33%
10	Aaron Jacobs	Prince Lobel Tye LLP	93.15%
18	Stephanie N. Debrow	Norton Rose Fulbright	92.25%
28	Mark Davies	White & Case	91.06%
30	James M. Glass	Quinn Emanuel Urquhart & Sullivan	90.88%
31	John C. Alemanni	Kilpatrick Townsend & Stockton	90.85%

When it comes to performance, John C. O’Quinn tops the rankings with an outstanding success rate of 96.62%. His ability to secure favorable rulings in complex cases reflects his reputation as one of the most effective attorneys at the CAFC.

Following O’Quinn is Brian Matsui of Morrison & Foerster, who boasts a performance score of 95.66%. Matsui’s sharp legal strategies and technical expertise make him a standout in the appellate arena.

Debra J. McComas of Haynes and Boone, LLP ranks third with a performance score of 95.39%, further demonstrating the caliber of representation provided by the top-performing attorneys.

Notable performers include Naveen Modi (95.14%) and Joshua L. Goldberg of Finnegan, Henderson, Farabow, Garrett & Dunner (95.13%), both recognized for their consistent excellence in high-stakes appellate litigation.

Other attorneys in the top 10 include Joseph E. Palys (94.77%) and Stephen Kinnaird (93.38%), both of Paul Hastings, as well as Angela M. Oliver of Haynes and Boone, LLP (93.33%), highlighting the breadth of talent shaping CAFC jurisprudence.

The attorneys highlighted in the report represent the pinnacle of appellate advocacy, blending legal expertise with technical knowledge to deliver impactful outcomes. Firms like Morrison & Foerster, Paul Hastings, and Kirkland & Ellis continue to dominate CAFC litigation, leveraging their top-tier talent to address the complexities of patent disputes.

A Five-Year Analysis in CAFC Appeals

Our data reveals notable fluctuations in appellate activity: after a peak in 2019, there was a steady decline through 2021, followed by a resurgence in 2022, as you can see in the chart below.

Annual CAFC Filings from Jan. 1, 2019, through Dec. 31, 2023

This shift reflects a dynamic landscape where changes in patent law, key rulings, and evolving litigation strategies influence appeal volumes. For a more granular breakdown of appeals by origin—whether from PTAB, ITC, or district courts—and their outcomes, take a look at the chart below:

Percentage of USPTO, ITC, and District Court-Originated Appeals by Year (Jan. 1, 2019, through Dec. 31, 2023)

This chart provides clarity on which types of cases and originating bodies most frequently contribute to appeal volume, helping firms fine-tune their appellate strategies based on recent trends and case types.

A Comprehensive Resource for Legal Strategy

The CAFC’s unique position as the arbiter of IP disputes demands exceptional advocacy, and the 2024 CAFC Intelligence Report provides invaluable insights into the key players, trends, and performance metrics shaping the appellate IP landscape.

Our rankings are based on a combination of quantitative metrics, including the number of cases handled by each attorney and their success rates in those cases. We also consider the complexity of the cases, the parties involved, the recency, and the final outcomes (e.g., final written decisions, settlements, or denials).

This approach ensures our rankings reflect not only the volume of cases handled but also the quality of representation—crucial for companies seeking top-tier legal representation in IP disputes and for attorneys aiming to benchmark their performance against their peers.

Explore the complete rankings and insights to discover how these attorneys continue to drive innovation and set legal standards at the CAFC.