It is not often that a federal appellate judge criticizes the litigation strategy employed by a party before the court. It is also not very often that a party reverses its position in the midst of litigation after prevailing in its initial position. Yet that is what APCC Services appears to have done, much to the displeasure of Chief Judge David Sentelle of the U.S. Court of Appeals for the D.C. Circuit. He authored a strongly worded concurring opinion repleased today in NetworkIP LLC v. FCC.
I write separately only to express my dismay at the events referenced in
footnote 2 of that opinion. As NET has brought to the attention of the court, APCC, at the current stage of this litigation, has taken a