Morrison Foerster is an international law firm with lawyers practicing throughout the United States, Asia, and Europe. Click to discover more.

mofo_share_image.jpg

Morrison Foerster

common-default.jpeg

Terms / Notices

Cookies

Privacy Policy

Reporting Hotline

Attorney Advertising

Alumni

  Linkedin

MoFo LinkedIN

  Facebook

MoFo Facebook

YouTube

MoFo Youtube

Morrison Foerster - Footer

MoFo’s Appellate + Supreme Court practice Recognized by Chambers USA 2022

You have not solved the recaptcha challenge yet or session expired, try again.

Email Disclaimer

Disclaimer

Unsolicited e-mails and information sent to Morrison Foerster will not be considered confidential, may be disclosed to others pursuant to our <a href="https://www.mofo.com/about/privacy-policy.html">Privacy Policy</a>, may not receive a response, and do not create an attorney-client relationship with Morrison Foerster. If you are not already a client of Morrison Foerster, do not include any confidential information in this message. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.

Feedback

mofo-logo-2022.svg

People

Capabilities

Resources

About

Culture

Offices

Careers

Stay Connected

MoFo’s Appellate + Supreme Court practice was recognized by Chambers USA 2022. See the graphic below for details.

About Morrison Foerster

people-default-header-desktop.jpg

people-default-header-mobile.jpg

Default Meta Data

MoFo’s Appellate + Supreme Court practice was recognized by Chambers USA 2022. See the graphic below for details.<div style="position: relative;width: auto;padding-top: 0px;padding-right: 0px;padding-bottom: 153.85%;padding-left: 0px;height: 0px;top: 0px;left: 0px;bottom: 0px;right: 0px;margin-top: 0px;margin-right: 0px;margin-bottom: 0px;margin-left: 0px;border-top-width: 0px;border-right-width: 0px;border-bottom-width: 0px;border-left-width: 0px;border-top-style: none;border-right-style: none;border-bottom-style: none;border-left-style: none;border-top-color: initial;border-right-color: initial;border-bottom-color: initial;border-left-color: initial;border-image-source: initial;border-image-slice: initial;border-image-width: initial;border-image-outset: initial;border-image-repeat: initial;" id="experience-629f9e0444922" data-aspectratio="0.65" data-mobile-aspectratio="0.5625"><iframe src="//view.ceros.com/mofo/awards-infographic-1-12-7-1?heightOverride=1000" style="position: absolute;top: 0px;left: 0px;bottom: 0px;right: 0px;margin-top: 0px;margin-right: 0px;margin-bottom: 0px;margin-left: 0px;padding-top: 0px;padding-right: 0px;padding-bottom: 0px;padding-left: 0px;border-top-width: 0px;border-right-width: 0px;border-bottom-width: 0px;border-left-width: 0px;border-top-style: none;border-right-style: none;border-bottom-style: none;border-left-style: none;border-top-color: initial;border-right-color: initial;border-bottom-color: initial;border-left-color: initial;border-image-source: initial;border-image-slice: initial;border-image-width: initial;border-image-outset: initial;border-image-repeat: initial;height: 1px;width: 1px;min-height: 100%;min-width: 100%;" frameborder="0" class="ceros-experience" title="Chambers USA 2022 Appellate Group" scrolling="no" title="iframe"></iframe></div>

MoFo’s Appellate + Supreme Court practice Recognized by Chambers USA 2022

Sign Up

Deanne Maynard, co-chair of Morrison Foerster’s Appellate and Supreme Court practice, is widely recognized as one of the nation’s leading appellate advocates. She has argued 14 cases before the United States Supreme Court and 75 times in appellate courts across the country.In ranking Deanne in Band 1, Chambers USA reports that she is described as a “magnificent and top-notch lawyer” who is “wicked smart.” She is “extremely thoughtful, even-keeled and has a wonderful presence in the courtroom." Legal 500 calls Deanne “one of the finest advocates in the Supreme Court bar,” remarking that “if she is on your team, great. If she’s on the other side, be ready.”Deanne’s winning Supreme Court arguments involve a wide range of issues and industries, including life sciences (Sandoz v. Amgen), intellectual property (MedImmune v. Genentech), antitrust (Pacific Bell v. linkLine), financial services (Ransom v. FIA Card Services), and bankruptcy (RadLAX v. Amalgamated Bank). In Sandoz v. Amgen, the Supreme Court ruled for her client in a closely watched case involving the Biologics Price Competition and Innovation Act, which provides an approval path for biosimilars. Law360 named Deanne to its exclusive list of <a href="http://media2.mofo.com/documents/171212-mvp-deanne-maynard.pdf">Appellate MVPs</a> for this “big victory,” dubbing her a “Legal Lion” three separate times for her work on appeals in this case. LMG Life Sciences also named Deanne <a href="https://www.mofo.com/resources/news/190920-deanne-maynard-appellate-litigator-of-the-year.html">Appellate Litigator of the Year</a>.Deanne argues complex, high stakes cases in courts of appeals nationwide. Clients turn to Deanne for crisp, clear briefs and exceptional oral advocacy. Her appellate wins run a gamut of issues from arbitration to antitrust, class actions to contracts, copyright to Commerce Clause, infringement to invalidity, and securities law to statutory interpretation. Clients praise her as “an incredible oral advocate, very prepared and formidable” (Chambers USA), and “a tireless advocate with sterling client skills” (Legal 500).Deanne has particular experience in the Federal and Ninth Circuits. She has argued more than 40 appeals in the Federal Circuit, including wins for both patentees and defendants on a wide range of technologies. Chambers USA ranked Deanne in Band 1 for Intellectual Property Appeals, describing her as “renowned for her track record in bet-the-company disputes.” She also serves as Chair of the Federal Circuit’s Advisory Council, which is a conduit between the Court and the public. In the Ninth Circuit, her many wins include a decision from the en banc Court holding large parts of a California statute unconstitutional as well as a panel decision vacating a $60 million jury verdict.Deanne is annually recommended as a leading lawyer by Chambers USA, Chambers Global, Legal 500 US, and Best Lawyers in America. She is President-Elect of the American Academy of Appellate Lawyers, an invitation-only organization recognizing distinguished appellate lawyers. Deanne also serves on the Board of Trustees of the U.S. Supreme Court Historical Society and is a Master in, and Past President of, the Coke Appellate Inn of Court.Deanne is a leader within Morrison Foerster as well, chairing its partner compensation committee and serving on the firm’s leadership team.Before joining the firm, Deanne served as an Assistant to the Solicitor General at the U.S. Department of Justice for five years. She previously was a partner at another major law firm.After law school, Deanne clerked two terms on the United States Supreme Court, one for Justice Stephen Breyer and another for Justice Lewis Powell (Ret.) and Justice John Paul Stevens. Before that, Deanne clerked two years for Judge Stanley Harris on the U.S. District Court for the District of Columbia.Deanne graduated magna cum laude from Harvard Law School, where she was an editor of the Harvard Law Review. She earned a B.A. in English, with distinction, from the University of Virginia.<h4 dir="ltr">Supreme Court Arguments</h4><ul dir="ltr"><li>Sandoz v. Amgen <a href="/resources/video-audio/170426-sandoz-v-amgen" target="_self">(audio recording)</a> Involving the Supreme Court’s first foray into the Biologics Price Competition and Innovation Act</li><li>RadLAX v. Amalgamated Bank <a href="/resources/video-audio/120423-radlax-v-amalgamated-bank" target="_self">(audio recording)</a> Whether a debtor can sell a secured asset free and clear without permitting the lienholder to credit-bid</li><li>Pacific Bell v. linkLine <a href="/resources/video-audio/081208-pacific-bell-v-linkline" target="_self">(audio recording)</a> Whether Section 2 of the Sherman Antitrust Act permits a price squeeze claim in the absence of a duty to deal</li><li>MedImmune v. Genentech <a href="/resources/video-audio/061004-medimmune-v-genentech" target="_self">(audio recording)</a> Whether a patent licensee must breach a license agreement before seeking a declaration of patent invalidity</li><li>Ransom v. FIA Card Services <a href="/resources/video-audio/101004-ransom-v-fia-card-services" target="_self">(audio recording)</a> Involving when a debtor without lease payments may take a car-ownership deduction</li><li>EC Term of Years Trust v. U.S. Whether the federal tax code relegates a trust to a wrongful levy action as its exclusive remedy</li><li>Marshall v. Marshall Involving the scope of the probate exception to federal jurisdiction</li><li>U.S. v. Olson Involving the federal government’s sovereign immunity under the Federal Tort Claims Act</li><li>Wilkinson v. Austin Whether the procedures governing placement of prisoners in supermax prison satisfied due process</li><li>Greenlaw v. U.S. Involving the power of the court of appeals in the absence of a cross-appeal</li><li>Dean v. U.S. Whether the accidental discharge of a firearm during a robbery results in a mandatory minimum prison term</li><li>Carcieri v. Salazar Involving the Secretary of the Interior’s authority to take land into trust for Indians</li><li>Boulware v. U.S. Whether a profitless corporation’s diversion of funds to a shareholder was nontaxable</li><li dir="ltr">Watson v. U.S. Whether trading drugs for a firearm was “using” a firearm “during and in relation” to a drug trafficking crime</li></ul><h4 dir="ltr">Representative Appellate Arguments</h4><ul dir="ltr"><li>In re Cirba (Fed. Cir.) <a href="/resources/video-audio/210903-in-re-cirba" target="_self">(audio recording)</a> Successfully defeated attempt to revive a jury’s patent infringement verdict against VMware</li><li>Phigenix v. Genentech (Fed. Cir.) <a href="/resources/video-audio/170426-phigenix-v-genentech" target="_self">(audio recording)</a> Secured noninfringement judgment for Genentech</li><li>Zabriskie v. Fannie Mae  (9th Cir.) <a href="/resources/video-audio/181018-zabriskie-v-fannie-mae" target="_self">(video)</a> Won reversal for Fannie Mae of a Fair Credit Reporting Act judgment</li><li>Washington University v. Wisconsin Alumni Research Foundation (3d Cir.) <a href="/resources/video-audio/161108-washington-university-v-wisconsin-alumni" target="_self">(audio recording)</a> Obtained reversal for Washington University in suit for royalties due under contract with WARF</li><li>Nevro v. Boston Scientific (Fed. Cir.) <a href="/resources/video-audio/191202-nevro-v-boston-scientific" target="_self">(audio recording)</a> Won reversal of district court judgment of invalidity for indefiniteness</li><li>National Business Aviation Assoc. v. Huerta (D.C. Cir.) <a href="/resources/video-audio/180514-aviation-v-huerta" target="_self">(audio recording)</a> Successfully defended the City of Santa Monica against a challenge to its settlement with the FAA about its municipal airport</li><li>C.R. Bard v. Angiodynamics (Fed. Cir.) <a href="/resources/video-audio/200601-cr-bard-v-angiodynamics" target="_self">(audio recording)</a> Won reversal of district court judgment of noninfringement, no willfulness, and invalidity, reviving client’s infringement case on three patents</li><li>Flores v. UPS & Pocino Foods v. UPS (Consolidated) (9th Cir.) <a href="/resources/video-audio/190409-flores-v-ups" target="_self">(video)</a> Secured judgment for UPS on two putative RICO and breach-of-contract class actions about its Next Day Air services</li><li>Residential Capital v. Federal Housing Finance Agency (2d Cir.) Successfully obtained a remand in a case stemming from the ResCap bankruptcy</li><li>BASF v. Johnson Matthey (Fed. Cir.) <a href="/resources/video-audio/171005-basf-argument" target="_self">(audio recording)</a> Won reversal of an invalidity ruling against patentee BASF, reviving its patent claims</li><li>Holl v. U.S. District Court (9th Cir.) <a href="/resources/video-audio/190419-holl-v-us-district-court" target="_self">(video)</a> Defeated a mandamus petition against UPS, successfully defending its arbitration provision containing a class-action waiver</li><li>Interactive Digital Software Association v. St. Louis County, Missouri (8th Cir.) Successfully argued a First Amendment challenge to an ordinance regulating video games</li><li>In Re: Tremont Securities Law (2d Cir.) Secured dismissal for a major accounting firm of a putative class action regarding a Madoff-related fund</li><li>Estate of Graham v. Sotheby’s (9th Cir.) (en banc) <a href="/resources/video-audio/141216-estate-of-graham-v-sothebys" target="_self">(audio recording)</a> Won invalidation under the Commerce Clause of parts of a California artist resale royalty law</li><li>In re ATM Fee Antitrust Litigation (9th Cir.) <a href="/resources/video-audio/111206-atm-fee-antitrust-litigation" target="_self">(audio recording)</a> Prevailed in a putative nationwide antitrust class action against one of the largest U.S. ATM networks</li><li>Augme Technologies v. Yahoo! (Fed. Cir.) <a href="/resources/video-audio/131205-augme-technologies-v-yahoo" target="_self">(audio recording)</a> Secured a noninfringement judgment for Yahoo! in a suit involving Internet display advertising</li><li>Lower Elwha Klallam Indian Tribe v. Lummi Nation (9th Cir.) <a href="/resources/video-audio/170830-lummi-nation-argument" target="_self">(video)</a> Won a reversal for the Lummi Nation, reclaiming its historic treaty rights</li><li>Warsaw Orthopedic v. NuVasive (Fed. Cir.) <a href="/resources/video-audio/141201-warsaw-orthopedic-v-nuvasive" target="_self">(audio recording)</a> Obtained vacatur of a jury’s $101 million patent damages award</li><li>Momenta v. Amphastar (Fed. Cir.) <a href="/resources/video-audio/150504-momenta-v-amphastar" target="_self">(audio recording)</a> Successfully argued for a patentee that conduct was unprotected by the Hatch-Waxman Act safe harbor</li><li dir="ltr">Neurovision Medical Products v. NuVasive (9th Cir.) <a href="/resources/video-audio/120605-neurovision-medical-products-v-nuvasive" target="_self">(audio recording)</a> Obtained vacatur of a jury’s $60 million trademark verdict</li></ul>

Deanne E. Maynard

Partner

<div class="videoWrapper">Joe Palmore co-chairs Morrison Foerster’s Appellate and Supreme Court practice. Chambers USA describes him as “an outstanding oral advocate,” who is “calm, focused, effective and doesn’t back down,” and has “complete command of the facts.” Joe “writes great briefs” (Chambers USA), with one client recounting that “the Court mirrored the language he thoughtfully chose in its ultimate order” (Legal 500).</div>During a recent U.S. Supreme Court term, Joe successfully argued two cases: Law360 called one of them (Thole v. U.S. Bank) a “landmark ruling” that “made huge waves in the ERISA litigation arena” and named the other (Atlantic Richfield Co. v. Christian) one of the “biggest environmental law decisions” of the year. Joe’s oral argument before the Supreme Court on the preemptive scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) in CTS Corp. v. Waldburger was described in the National Law Journal as “brilliant” and a “template for anyone arguing a statutory case before these nine justices in the future.”Joe’s practice extends to federal and state appellate courts across the country, where he has handled appeals on issues as varied as antitrust, class actions, communications, false advertising, intellectual property, and securities. Joe has secured important victories in the Second Circuit, where he clerked. For example, he prevailed in a securities class action for an online marketplace and a fraud case against an investment bank. A <a href="/resources/news/210426-no-circuit-split" target="_self">Reuters columnist</a> called one of Joe’s Second Circuit wins a “major ruling” that “put significant qualifiers” on constitutional standing to sue in data breach cases.Joe also has a successful track record in the Ninth Circuit, including winning for a beverage company defending against an antitrust suit and for an equipment manufacturer embroiled in a dispute over U.S. discovery for foreign litigation. One of Joe’s victories in the Federal Circuit was described by another practitioner as having “saved from the fire tens of thousands of patents that would have gone up in smoke.” And Joe has won appeals in multiple state appellate courts, including those of New York (both the Court of Appeals and First Department), California, Massachusetts, New Jersey, and Kentucky.Before joining Morrison Foerster, Joe served as an Assistant to the Solicitor General at the U.S. Department of Justice. During his nearly five years in the Solicitor General’s Office, Joe had principal responsibility for briefing the constitutionality of the Affordable Care Act’s minimum coverage provision, which was upheld in the Supreme Court’s landmark decision in NFIB v. Sebelius. For his work on that case, Joe received the Attorney General’s Award for Exceptional Service—the Department of Justice’s highest honor for employee performance. He also received the Environmental Protection Agency General Counsel’s medal for his successful defense of the EPA’s interstate air pollution rules in EPA v. EME Homer City Generation.Before working for the Justice Department, Joe spent three years as Deputy General Counsel at the Federal Communications Commission, where he oversaw all litigation involving constitutional, statutory, and administrative-law challenges to the agency’s actions and presented oral argument in the D.C. Circuit and other federal courts of appeals. His FCC experience includes virtually all aspects of communications regulation, including broadcast, cable, wireless, wireline, and Internet.Joe clerked for Justice Ruth Bader Ginsburg of the U.S. Supreme Court, Judge John Gleeson of the U.S. District Court for the Eastern District of New York, and Judge Dennis Jacobs of the U.S. Court of Appeals for the Second Circuit in New York. Joe earned his J.D. from the University of Virginia School of Law, his M.A. in legal history from the University of Virginia, and his A.B. magna cum laude from Harvard University.Joe is a Fellow in the American Academy of Appellate Lawyers, selected for his distinction as an appellate lawyer. He is also a board member of the Historical Society of the District of Columbia Circuit; a master in, and former officer of, the Coke Appellate Inn at Court; a member of the Technology Litigation Advisory Committee of the U.S. Chamber Litigation Center; and a co-chair of the Federal Communications Bar Association’s judicial practice committee. In 2021, the American Cancer Society Cancer Action Network gave Joe its Judicial Advocacy Initiative Award for his pro bono work in healthcare cases.He is recommended annually by Chambers USA, Legal 500, and Best Lawyers for appellate law.<h4>Supreme Court Arguments</h4><ul><li>Thole v. U. S. Bank, N. A. <a href="/resources/video-audio/200113-thole-v-u-s-bank" target="_self">(audio recording)</a> Whether Article III of the Constitution requires a plaintiff to demonstrate individual financial loss or the imminent risk of financial loss to assert a fiduciary duty claim against a pension plan</li></ul><ul><li>Atlantic Richfield Co. v. Christian <a href="/resources/video-audio/191203-atlantic-richfield-v-christian" target="_self">(audio recording) </a>Whether state-law pollution clean-up remedies are barred by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)</li></ul><ul><li>CTS Corp. v. Waldburger <a href="/resources/video-audio/191203-atlantic-richfield-v-christian" target="_self">(audio recording)</a> Whether the U.S. Court of Appeals for the Fourth Circuit correctly interpreted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to apply to statutes of repose as well as to statutes of limitations</li></ul><ul><li>Abramski v. United States <a href="/resources/video-audio/140122-abramski-v-united-states.html" target="_self">(audio recording)</a> Involving the materiality of a false statement made when purchasing a firearm</li></ul><ul><li>Fernandez v. California <a href="/resources/video-audio/131113-fernandez-california" target="_self">(audio recording)</a> Whether the Fourth Amendment prohibits a warrantless search of a residence when the defendant has previously objected to a search but is no longer present and the co-tenant consents</li></ul><ul><li>Florida v. Harris <a href="/resources/video-audio/121031-florida-harris" target="_self">(audio recording)</a> Whether a drug-detection dog’s alert to the exterior of a vehicle provides an officer with probable cause to conduct a warrantless search of the interior of the vehicle</li></ul><ul><li>Horne v. Department of Agriculture <a href="/resources/video-audio/130320-horne-department-agriculture" target="_self">(audio recording)</a> Involving jurisdictional requirements for Takings Clause claims</li></ul><ul><li>US Airways v. McCutchen <a href="/resources/video-audio/121127-us-airways-inc-mccutchen" target="_self">(audio recording)</a> Involving the limits on equitable relief available in suits against ERISA plans by beneficiaries and participants</li></ul><ul><li>Pacific Operators Offshore v. Valladolid <a href="/resources/video-audio/111011-pacific-operators-offshore-valladolid" target="_self">(audio recording)</a> Involving the territorial limits on compensation available under the Outer Continental Shelf Lands Act</li></ul><ul><li>Roberts v. Sea-Land Services <a href="/resources/video-audio/120111-roberts-v-sea-land-services" target="_self">(audio recording)</a> Involving benefit calculations under the Longshore and Harbor Workers’ Compensation Act</li></ul><ul><li>Borough of Duryea v. Guarnieri <a href="/resources/video-audio/110322-borough-duryea-guarnieri" target="_self">(audio recording)</a> Whether state and local government employees may sue their employers for retaliation under the First Amendment’s Petition Clause when they petition the government on matters of private concern</li></ul><ul><li>Chase Bank USA v. McCoy <a href="/resources/video-audio/101208-chase-bank-usa-mccoy" target="_self">(audio recording)</a> Whether Regulation Z of the Truth in Lending Act requires a creditor to give cardholders advance notice any time they raise the interest rate for default</li></ul><h4>Representative Appellate Arguments</h4><ul><li>Wamai v. Industrial Bank of Korea (2d Cir.) <a href="/resources/video-audio/221013-wamai-v-industrial-bank-of-korea" target="_self">(audio recording)</a> Secured affirmance of forum non conveniens dismissal of fraudulent conveyance claims against foreign bank</li></ul><ul><li>Cohen v. Apple Inc. (9th Cir.) <a href="/resources/video-audio/211210-andrew-cohen-v-apple-inc" target="_self">(video)</a> Successfully defended dismissal of state-law claims as preempted by Communications Act</li></ul><ul><li>VeroBlue Farms USA Inc. v. Canaccord Genuity LLC (2d Cir.) <a href="/resources/video-audio/210901-veroblue-farms-usa-inc-v-canaccord-genuity-llc" target="_self">(audio recording)</a> Successfully defended dismissal of fraud claim against investment bank</li><li>McLaren v. The UPS Store Inc. (3d Cir.) <a href="https://www2.ca3.uscourts.gov/oralargument/audio/22-1379_22-1380_McLarenv.UPS.mp3" target="_blank">(audio recording)</a> Secured reversal of order remanding cases to state court</li><li>Cho et al. v. BlackBerry Limited et al (2d Cir.) <a href="/resources/video-audio/211030-cho-v-blackberry-ltd" target="_self">(audio recording)</a> Successfully defended dismissal of named plaintiffs’ individual securities claims on res judicata grounds in putative securities class action</li><li>Richardson v. The UPS Store, Inc. (Massachusetts Supreme Judicial Court) <a href="/resources/video-audio/200409-richardson-v-the-ups-store" target="_self">(audio recording)</a> Secured win on question certified by federal district court on meaning of Massachusetts notary statutes</li><li>Firefighters’ Retirement System, et al. v. Consulting Services Group (5th Cir.) <a href="/resources/video-audio/180705-firefighters-retirement-consulting-services-group" target="_self">(audio recording)</a> Secured reversal of district court and dismissal with prejudice of accounting malpractice suit as time-barred</li><li>Altayyar v. Etsy, Inc. (2d Cir.) <a href="/resources/video-audio/190418-altayyar-v-etsy" target="_self">(audio recording)</a> Secured dismissal of securities fraud case</li><li>Raytheon Company v. Indigo Systems Corporation (Fed. Cir.) <a href="/resources/video-audio/180112-raytheon-company-indigo-systems-corporation" target="_self">(audio recording)</a> Defeated attempt to upend jury verdict of no-liability in long-running trade secrets case </li><li>First Advantage LNS, Inc., et al. v. LexisNexis Risk Solutions, Inc. (New York Appellate Division, First Department) <a href="/resources/video-audio/190102-first-advantage-v-lexisnexis" target="_self">(video)</a> Secured victory for LexisNexis in significant contract dispute</li><li>Nikon Corporation v. ASML US, Inc. (9th Cir.) <a href="/resources/video-audio/171207-nikon-corporation-asml-us" target="_self">(video)</a> Secured U.S. discovery for use in foreign patent litigation</li><li>Odunbaku v. Odunbaku (New York Court of Appeals) <a href="/resources/video-audio/161020-odunbaku-v-odunbaku" target="_self">(video)</a> Secured a unanimous ruling for client seeking child support and established important procedural protections for litigants in New York’s family courts</li><li>Bank v. Uber Technologies, Inc. (2d Cir.) Obtained dismissal of a Telephone Consumer Protection Act suit on the ground that the call was political speech</li><li>Helping Hand Tools et al. v. U.S. Environmental Protection Agency et al. (9th Cir.) <a href="/resources/video-audio/160719-helping-hand-tool-environmental-protection" target="_self">(video)</a> Secured a victory in a case that set an important precedent for regulation of greenhouse gas emissions from combustion of renewable biofuels</li><li>Immersion Corp. v. HTC Corp. (Fed. Cir.) <a href="/resources/video-audio/160506-immersion-corp-htc-corp" target="_self">(audio recording)</a> Securing reversal of district court, successfully defended the timeliness of Immersion’s patent application and, by extension, those of tens of thousands of patent owners whose patents were at risk of invalidation</li><li>Nelson Coniglio, et al. v. Bank of America, NA (11th Cir.) Secured reversal of default judgment against Bank of America</li><li>Gregory Berry v. LexisNexis Risk & Information (4th Cir.) <a href="/resources/video-audio/150915-gregory-berry-lexisnexis-risk-information" target="_self">(audio recording)</a> Defended settlement of one of the largest class actions ever certified from objector challenges</li><li>In re: GNC Corporation; Triflex Products Marketing and Sales Practices Litigation (4th Cir.) <a href="/resources/video-audio/150325-gnc-corporation-marketing-sales-practices" target="_self">(audio recording)</a> Secured dismissal of false-labelling claim against GNC</li><li>Core Communications, Inc. v. FCC (D.C. Cir.) <a href="/resources/video-audio/091016-core-communications-inc-fcc" target="_self">(audio recording)</a> Successfully defended FCC’s intercarrier compensation rules</li><li>Star Wireless LLC v. FCC, et al. (D.C. Cir.) <a href="/resources/video-audio/080313-star-wireless-llc-fcc" target="_self">(audio recording)</a> Defeated challenge to imposition of monetary forfeiture for violation of wireless auction anti-collusion rules</li></ul>

Joseph Palmore

Brian Matsui co-chairs Morrison Foerster’s Appellate and Supreme Court practice. Brian is a go-to appellate advocate for sophisticated clients in complex appeals nationwide. Chambers USA reports Brian is a “‘terrific’ practitioner with a ‘warm and enthusiastic’ approach to matters.”Brian has a nationwide appellate practice. He has argued many cases in federal and state appellate courts throughout the country, winning appeals involving federal preemption, securities litigation and enforcement, consumer class actions, and intellectual property. He has led appeals in the D.C., Second, Fourth, Fifth, Ninth, Eleventh, and Federal Circuits. His arguments include significant victories in class action appeals and in appeals for leading financial services companies, with multiple victories in the Ninth Circuit, where he clerked. Brian also argued and won a D.C. Circuit appeal against the Securities and Exchange Commission (SEC) about the retroactivity of part of the Dodd-Frank Act. As a result of Brian’s win, the SEC had to change its enforcement practices against certain securities industry professionals.Clients turn to Brian for his substantial experience with appeals in the Federal Circuit, praising him as “an invaluable advocate in patent matters” (Chambers USA). Brian has won 12 of his last 13 appeals in that Court, including four reversals. His arguments before the Federal Circuit include winning appeals from district courts, the Patent Trial and Appeal Board, and the International Trade Commission. He has handled appeals in a myriad of industries, including mobile devices, pharmaceuticals, medical devices, semiconductors, and software.Brian also plays a key role on trial teams, advising clients on both critical legal issues and appellate preservation. He recently argued and prevailed against a summary judgment invalidity motion in a case involving Chugai Pharmaceutical Co. Ltd.’s revolutionary antibody recycling technology, which ultimately led to a $775 million settlement on the eve of trial for Chugai.A former law clerk for the United States Supreme Court, Brian has authored many briefs in that Court, including on important constitutional and statutory interpretation issues. He often represents clients’ interests in amicus briefs in significant Supreme Court cases affecting the business community.Leading publications have recognized Brian for his appellate skills. The Legal 500 US recommends him for appellate litigation, and the National Law Journal named Brian a “Minority 40 Under 40.”Brian is an editor of Morrison Foerster’s <a href="https://federalcircuitry.mofo.com/" target="_blank">Federal Circuitry</a> blog, which takes a data-driven approach to analyzing the Federal Circuit and its decisions.Brian also dedicates significant time to pro bono matters. He argued and won two significant appeals—in the Second and Ninth Circuits—obtaining reversals of judgments that had denied private rights of action under the Child Welfare Act in precedential decisions. Brian also led the Morrison Foerster team who co-counseled a successful Eighth Amendment challenge to Florida’s imposition of a “life without the possibility of parole” sentence to a juvenile offender convicted of a non-homicide crime.For years, Brian chaired the ABA’s seven-person Standing Committee for Amicus Curiae Briefs. He served on the American Intellectual Property Law Association’s amicus committee and co-chaired the National Asian Pacific American Bar Association’s amicus committee. Brian served as an appellate lawyer representative for the Ninth Circuit. Brian also serves on the board of directors for the Lawyers’ Committee for Civil Rights Under Law.Before entering private practice, Brian clerked on the United States Supreme Court for Justice Anthony M. Kennedy. He also clerked for Judge Pamela Ann Rymer in the Ninth Circuit and Judge David F. Levi in the Eastern District of California.While in law school, Brian served as managing editor of Volume 51 of the Stanford Law Review and was elected to the Order of the Coif.<h4>Representative Oral Arguments</h4><ul><li><a href="https://oralarguments.cafc.uscourts.gov/default.aspx?fl=22-1260_02102023.mp3" target="_blank">SNIPR Technologies Ltd. v. Rockefeller University </a>(Fed. Cir.) Prevailed in a precedential decision reversing the Patent Office’s interpretation of the America Invents Act (AIA) that subjected patents post-dating the Act to pre-AIA interference proceedings. The decision revived five of SNIPR’s patents related to CRISPR technology.</li><li><a href="/resources/video-audio/220114-broadcom-corporation-v-renesas-matsui" target="_blank">Renesas Electronics Corporation v. Broadcom Corporation</a> (12:40) (Fed. Cir.) Successfully argued and briefed multiple appeals from an International Trade Commission (ITC) decision and several Patent Trial and Appeal Board decisions related to an ITC investigation initiated by Broadcom involving systems-on-chip powering automobile infotainment systems.</li><li><a href="/resources/video-audio/210706-cr-bard-v-medline-industries" target="_self">C.R. Bard Inc. v. Medline Industries, Inc.</a> (0:45) (Fed. Cir.) Won vacatur of three Patent Trial and Appeal Board decisions on obviousness.</li><li><a href="https://oralarguments.cafc.uscourts.gov/default.aspx?fl=21-1745_03102022.mp3" target="_blank">Advanced Voice Recognition Systems, Inc. v. Apple Inc.</a> (14:30) (Fed. Cir.) Secured a complete victory in appeal from Patent Trial and Appeal Board that all challenged patent claims were unpatentable.</li><li><a href="/resources/video-audio/200515-william-paulus-v-ocera-therapeutics-inc.html" target="_self">William Paulus v. Ocera Therapeutics, Inc.</a> (13:25) (9th Cir.) Successfully argued and briefed appeal in a putative shareholder class action involving a tender offer.</li><li><a href="/resources/video-audio/200410-kurtz-v-costco.html" target="_blank">Kurtz v. Costco Wholesale Corporation </a>(9:23) (2d Cir.) Successfully petitioned for review of a class certification decision, then argued and obtained a remand for the district court to reconsider its certification decision and an eventual reversal on an injunctive class certification decision.</li><li><a href="/resources/video-audio/161117-gregory-bartko-v-sec.html" target="_self">Gregory Bartko v. SEC</a> (0:53) (D.C. Cir.) Successfully argued and obtained precedential ruling that the Securities and Exchange Commission could not retroactively apply Dodd-Frank’s industry-wide sanctions on securities professionals for certain securities violations.</li></ul>

Brian Matsui

Seth Lloyd, a member of Morrison Foerster’s Appellate and Supreme Court practice, has been counsel in more than a hundred appeals in federal and state courts nationwide. Seth has presented oral arguments in the U.S. Courts of Appeals for the D.C. Circuit, the Seventh Circuit, the Ninth Circuit, and the Federal Circuit, as well as in the New Jersey Appellate Division.Seth has particular experience in patent appeals before the Federal Circuit. He has authored successful briefs for both patentees and defendants on a wide range of technologies, from medical devices to pharmaceuticals to computer hardware and software. His practice includes appeals from district courts, the Patent Trial and Appeal Board, and the International Trade Commission. Seth also has argued five times in the Federal Circuit. His winning arguments include a successful reversal of three PTAB decisions in a consolidated appeal for a computer memory designer. Seth is co-chair of the Federal Circuit Bar Association’s Administrative Law & Regulatory Committee. And he is an Editor of Morrison Foerster’s <a href="https://federalcircuitry.mofo.com/" target="_blank">Federal Circuitry</a> blog, which takes a data-driven approach to analyzing the Federal Circuit and its decisions.Seth regularly practices in the United States Supreme Court. He has drafted petitions and amicus briefs at the certiorari stage, as well as party and amicus briefs at the merits stage. Seth also moots members of the bar for Supreme Court arguments through the Georgetown Supreme Court Institute and is a member of the Edward Coke Appellate Inn of Court.Seth’s clients and peers recognize his expertise. Legal 500 named Seth a Key Lawyer; Super Lawyers called him a Rising Star; and Best Lawyers in America added him to its Ones to Watch list, all for appellate practice. Before joining Morrison Foerster, Seth served as a law clerk for Judge Richard G. Taranto of the Federal Circuit. He earned his J.D. from Stanford Law School, where he worked on two successful certiorari petitions and one successful merits case through Stanford’s Supreme Court Litigation Clinic.Seth also holds a Ph.D. and M.S. in electrical engineering from Stanford University. During his graduate studies, he received the National Defense Science and Engineering Graduate Fellowship, published 10 peer-reviewed articles, and co-invented the subject matter of five U.S. patents.<h4>Appellate Arguments</h4><ul><li><a href="/resources/video-audio/220114-renesas-electronics-v-broadcom-corporation" target="_self">Renesas Electronics Corp. v. Broadcom Corp.</a> (00:10) (Fed. Cir.) Argued and won affirmance for inter partes review petitioner in challenge to electronic device claims</li><li><a href="/resources/video-audio/170609-netlist-inc-v-diablo-technologies" target="_self">Netlist, Inc. v. Diablo Technologies, Inc.</a> (02:56) (Fed. Cir.) Argued and won reversal for owner of computer memory patents in appeals from three consolidated inter partes reviews</li><li><a href="/resources/video-audio/200610-google-llc-v-netlist-inc" target="_self">Google LLC v. Netlist, Inc.</a> (13:15) (Fed. Cir.) Argued and won affirmance for owner of computer memory patents in consolidated appeals from decade-long reexamination</li><li><a href="/resources/video-audio/220309-apple-inc-v-mph-technologies" target="_self">Apple Inc. v. MPH Technologies Oy</a> (00:16) (Fed. Cir.) Argued for inter partes review petitioner in challenge to computer security claims</li><li><a href="/resources/video-audio/180808-netlist-inc-v-sandisk-llc" target="_self">Netlist, Inc. v. SanDisk LLC</a> (01:53) (Fed. Cir.) Argued for patent owner in consolidated appeals raising APA challenges to inter partes review decisions</li><li><a href="/resources/video-audio/201026-nicole-k-v-stigdon" target="_self">Nicole K. v. Stigdon</a> (00:16) (7th Cir.) Argued for children in Indiana foster care raising constitutional due process claims</li><li><a href="/resources/video-audio/200306-strike-3-holdings" target="_self">Strike 3 Holdings, LLC v. Doe</a> (21:40) (D.C. Cir.) Argued as court-appointed amicus defending an order refusing a subpoena to unmask an internet subscriber’s identity</li><li><a href="/resources/video-audio/161118-harris-v-mangum" target="_self">Harris v. Mangum</a> (00:02) (9th Cir.) Argued as court-appointed amicus defending indigent prisoner’s right to a guardian ad litem</li></ul><h4>Additional Representative Matters</h4><ul><li>SNIPR Technologies Ltd. v. Rockefeller University (Fed. Cir.) Revived five SNIPR patents related to CRISPR technology after prevailing in a precedential decision that reversed the Patent Office’s interpretation of the America Invents Act (AIA), under which post-AIA patents could be subjected to pre-AIA interference proceedings</li><li>Broadcom Corp. v. International Trade Commission (Fed. Cir.) Successfully defended ITC’s determination of no Section 337 violation in case involving multiple patents directed to system-on-chip technology for automobile infotainment systems</li><li>Chugai Pharmaceutical Co. v. Alexion Pharmaceuticals (D. Del.) Successfully beat back defendant’s push for summary judgment of invalidity for lack of written description on pharmaceutical genus claims, ultimately helping to secure a $775 million settlement for the patent owner</li><li>C.R. Bard Inc. v. AngioDynamics, Inc. (Fed. Cir.) Secured reversal of district court judgment of non-infringement, no willfulness, and invalidity, reviving Bard’s infringement case on three patents</li><li>Washington University v. Wisconsin Alumni Research Foundation (3d Cir.) Successfully defended trial victory for breach of patent licensing agreement and further won judgment entitling Washington University to prejudgment interest</li><li>Nevro Corp. v. Boston Scientific Corp. (Fed. Cir.) Secured reversal for Nevro of district court judgment of invalidity for indefiniteness</li><li>Federal National Mortgage Association v. Zabriskie (9th Cir.) Won reversal for Fannie Mae of a Fair Credit Reporting Act judgment</li><li>Henson v. Santander Consumer USA Inc. (S. Ct.) Represented U.S. Chamber of Commerce and others as amici supporting respondent in unanimous affirmance of Fair Debt Collection Act decision</li><li>BASF Corp. v. Johnson Matthey Inc. (Fed. Cir.) Won reversal of an invalidity ruling against patentee BASF, reviving its patent claims</li><li>C.R. Bard Inc. v. Medline Industries, Inc. (Fed. Cir.) Won vacatur for petitioner of three Patent Trial and Appeal Board decisions on obviousness for patents to medical device technology</li><li>Altayyar v. Etsy, Inc. (2d Cir.) Secured dismissal of securities fraud case for failure to adequately plead falsity</li><li>Bridge & Post, Inc. v. Verizon Communications, Inc. (Fed. Cir.) Secured dismissal because asserted patents claimed unpatentable subject matter</li><li>Sam Francis Foundation v. Christie’s, Inc. (S. Ct.) Successfully preserved Sotheby’s en banc win at the Ninth Circuit based on the dormant Commerce Clause</li><li>Phigenix, Inc. v. Genentech, Inc. (Fed. Cir.) Secured total victory of noninfringement for Genentech</li><li>Deason v. Fujifilm Holdings Corp. (New York Appellate Division, First Department) Secured reversal in major shareholder challenge to corporate acquisition</li><li>V.L. v. E.L. (S. Ct.) As counsel for children’s guardian ad litem, secured reversal of Alabama Supreme Court’s refusal to grant full faith and credit to Georgia judgment recognizing lesbian mother as legal parent</li></ul>

Seth Lloyd

Of Counsel

Appellate + Supreme Court