OpenSky Industries filed an appeal against former USPTO Director Kathi Vidal's sanctions during an inter partes review, alleging that she acted beyond her authority. The company argues that the sanctions imposed for a proposed settlement violated the Administrative Procedures Act and were influenced by political pressure. OpenSky contends that they intended to formalize their agreement and that VLSI breached a non-disclosure agreement by revealing settlement communications, leading to unwarranted sanctions requiring OpenSky to pay VLSI's attorney fees.
Director Vidal... 'directly mutinied against the basic premise of Noerr-Pennington ... go[ing] off on a Gish gallop of irrelevancies and previously unknown exceptions.'
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