2025年3月26日
The Court held the plaintiff and its counsel jointly and severally liable for the sanctions.
In a recent per curiam opinion, the Federal Circuit granted the defendant’s motion for sanctions under FRAP 38, following a Rule 36 affirmance of a summary judgment of noninfringement. The Court found the plaintiff’s appeal frivolous both as filed and as argued:
• The district court had granted summary judgment on two independent grounds.
• Plaintiff failed to challenge one of the grounds on appeal, effectively waiving it.
• As a result, no relief could be granted, rendering the appeal frivolous as filed.
• The Court emphasized that a frivolous filing leads to a frivolous argument.
The Court awarded over $40K in sanctions, covering the attorney fees for both the appeal and the sanctions motion.
Notably, the Court held the plaintiff and its counsel jointly and severally liable for the sanctions.