Intellectual Property Law

Today's Federal Circuit practice tip: don't misrepresent the record or the law

By McKee, Voorhees & Sease, P.L.C.

In a recent decision, the Federal Circuit awarded sanctions against the plaintiff-appellant for filing and pursuing a frivolous appeal against one of four defendant-appellees.  The court observed the plaintiff-appellant failed to explain how the district court erred in its determination that this defendant did not infringe and also made misrepresentations of the record and law in its briefing on appeal.

In a separate decision under Rule 36, the court affirmed the district court's determination that the cases against each of the defendants were exceptional under 35 U.S.C. § 285 and the associated award of attorney fees against the plaintiff.  

More details of E-Pass Techs., Inc. v.  3Com Corp. after the jump.

[More]

Full post as published by FileWrapper on March 31, 2009 (boomark / email).