Litigants have filed briefs in the U.S. Court of Appeals for the Federal Circuit to reargue an important patent decision in a Texas case.
The development comes after the U.S. Supreme Court rejected the Federal Circuit’s de novo review of a Fort Worth federal judge’s decision. The high court instead granted trial court judges more discretion in determining whether a claim is “baseless” and thus allows for the statutory award of the prevailing party’s attorney fees.
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