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Federal Circuit Sanctions Frivolous Appeal
The federal circuit receives its share of low quality arguments. And, usually, the court seems willing to grant a few degrees of latitude to tortured arguments, claim interpretations, and characterizations of the record. But occasionally, the court seems to find that an appeal crosses the line. This appears to be what happened in F&G Research, Inc. v. Dynapoint (Taiwan), Inc., 2007-1350 (January 31, 2008).
No holds appear barred in this opinion as Judge Linn, writing for a panel also consisting of Judges Gajarsa and Moore, exhaustively lays out a nearly incredible set of facts involving an assertion of jurisdiction in a patent case. At its conclusion, the court holds the attorney and client jointly and severally liable for the cost of defending the appeal.
Posted by at February 5, 2008 5:49 PM in News & Commentary | Permalink
