SAN FRANCISCO — A split panel of the Federal Circuit refused Thursday to let Sidley Austin and another firm off the hook for waiting too long to appeal a $40 million patent judgment against AT&T Inc.
Sidley chairman Carter Phillips argued last fall that the failure to act should be excused because the district court mislabeled electronic notices for the orders that started the clock running. But Federal Circuit Judges Kathleen O’Malley and Evan Wallach ruled Thursday that AT&T and its counsel were responsible for monitoring orders on the civil docket, regardless of any glitches in electronic notifications.
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