Not Seeking Sanctions Before ITC Complaint Withdrawn Dooms Realtek
Briefly

The U.S. Court of Appeals for the Federal Circuit ruled in favor of the ITC's discretion not to issue sanctions against DivX, highlighting the importance of timeliness in addressing allegations of sanctionable conduct in litigation. Realtek's failure to promptly act on its concerns regarding DivX's infringement claims resulted in the dismissal of their appeal. The court noted that Realtek's late request for sanctions was insufficient, as they did not adequately demonstrate the necessity of timely motions to ensure compliance with established legal standards during the proceedings.
Realtek could not comply with the safe harbor regarding sanctionable conduct after failing to timely move for sanctions following DivX's withdrawal of infringement allegations.
The Federal Circuit emphasized the necessity of promptly addressing sanctionable conduct for parties involved in litigation, reiterating the ITC's discretion in such matters.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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