A federal appeals court has ruled that former patent boutique lawyers now working at Philadelphia-based Woodcock Washburn crossed into frivolous territory in pursuing an inventor’s lawsuit. But whether the lower court’s sanctions against their old firm will stick remains uncertain.
Affirming in part a lower court’s decision, the U.S. Court of Appeals for the Federal Circuit ruled on Monday that Myers & Kaplan, now out of business, pursued two claims in a lawsuit that were baseless and had no chance of success. The opinion, written by Judge Timothy Dyk, reversed the lower court’s determination of frivolous conduct on a third claim.
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