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TIPS AND GRIPES
First Line in a Brief ─ Don’t waste it. Open strongly and at least hint at a desired result. Don’t just start with, “This is an infringement case.” You could write, “This case turns on whether the defendant deliberately infringed our patent.”
Last Line in a Brief ─ Don’t waste it. Close with a reason and a result. E.g., “Because this is an exceptional case, the Court should triple the damages.” Never close with, “For the foregoing reasons, the Court should grant our request.”
Stop Writing “Said” in Patent Claims ─ “Said” is still used instead of “the” in many claims to refer back to previously recited elements. The words are equally precise, but “said” is legalistic. Patent claims are the last bastion of “said.”
Stop Calling It the CAFC ─ I have never heard even one experienced advocate arguing at the Federal Circuit call it the CAFC. When in Rome, speak like the Romans do.
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Your friend,
The Curmudgeon