“Do not go gentle into that good night.” Dylan Thomas’ poem refers to raging against dying, but attorneys can take this same approach by continuing to litigate a case at all costs until the bitter end. However, in a recent case, the Federal Circuit cautions attorneys that some issues should stop raging on appeal and instead should go gentle into that good night; otherwise, the end will be bitter: The attorneys will be jointly and severally liable for sanctions.

‘E-PASS TECHNOLOGIES V. 3COM’

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