Fed. Circ. Won't Review Standard For 'Unreasonable' IP Cases

Law360, New York (December 7, 2012, 9:05 PM EST) -- The Federal Circuit said in a sharply divided precedential ruling Thursday that it would not conduct an en banc review of an August ruling that sanctions by lower courts against parties bringing "objectively unreasonable" patent cases are entitled no deference on appeal.

The court voted 7-5 not to reconsider a case involving Highmark Inc. and Allcare Health Management Systems Inc. over health insurance method patents, in which a Federal Circuit panel ruled that the trial court's finding that Allcare's suit was frivolous must be reviewed de...
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