There's nothing surprising about a bad faith patent infringement claim. Patent trolls are legion. Those unscrupulous individuals and companies extort payment against alleged infringers based on shoddy patents or questionable infringement. And while the practice has lead for calls for patent reform, little action has been taken on the federal level.
Vermont recently stepped into that void, suing a patent holder for violations of its state consumer protection act. Those patent holders sought to remove the suit to federal court, on the basis of federal preemption. The Federal Circuit does have jurisdiction to hear those appeals, the Federal Circuit ruled on Wednesday, just not in this case.