Tell us about your top U.S. Supreme Court or federal appeals court victory over the past year and how you and your team achieved the win.

Fish won a unanimous Federal Circuit decision in Gilead Sciences, Inc. v. Merck & Co. Inc. in April 2018 affirming the wipe-out of a $200 million jury verdict against our client Gilead after we proved Merck had forfeited its right to assert its hepatitis C drug patents against Gilead because of unclean hands. In July 2018, the Federal Circuit also summarily affirmed Gilead's $14 million in attorneys' fees award. This case was a wild ride from beginning to end, and involved the worst misconduct our team had ever seen. Our all-women oral argument team cemented the victory – after an oral argument that lasted three times longer than the normal appellate argument – with the Federal Circuit's decision noting Merck's litigation misconduct “infected this entire case.”

How did your firm approach appellate success over the past year?

Patent appeals are extremely complex. We use simple, clear language in our briefing and oral argument to describe the technology and legal issues. This sounds easy in theory, but it's incredibly hard in practice. We do it every day, and know what works at the Federal Circuit.

What practice advice would you give your younger self?

There is no substitute for knowing all the facts and all the law. At oral argument, answer the judge's question directly, no matter how painful. Be ready to concede what you have to with an explanation for why the concession doesn't matter.

Responses submitted by Juanita Brooks, partner at Fish & Richardson.