U.S. Federal District Court Judge Marsha Pechman has some egg on her face. She recently admitted that she dismissed an antivirus patent infringement lawsuit against Microsoft in error. She dismissed the case, file by CAP Co., with prejudice after only some of the claims were resolved.
She meant to dismiss most of CAP’s claim of indirect and willful infringement, but instead dismissed the entire lawsuit. It is one thing for a judge’s ruling to be overturned by an appellate court, but another for a judge to overturn her own ruling.