"Last week, patent challenging entity OpenSky Industries filed a reply brief as cross-appellant at the U.S. Court of Appeals for the Federal Circuit (CAFC) in patent owner VLSI Technology's appeal of a sanctions ruling by former U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal. Although VLSI challenges Vidal's ruling for failing the requirements of the Administrative Procedures Act (APA) and for joining Intel to OpenSky's patent challenge despite the time-barred nature of Intel's validity challenge,"
"In October 2022, then-USPTO Director Vidal entered sanctions against OpenSky for abuse of process in inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB). VLSI, whose patent claims were challenged in OpenSky's IPRs, appealed Vidal's ruling to the Federal Circuit for abuse of discretion for failing to impose any meaningful sanctions. In its corrected opening brief filed with the Federal Circuit this October, VLSI argued that"
OpenSky Industries filed a reply brief as cross-appellant at the Federal Circuit in VLSI Technology's appeal of sanctions imposed by former USPTO Director Kathi Vidal. OpenSky contends the agency engaged in post-hoc rationalization of its sanctions determination and deprived OpenSky of an opportunity to cure and be heard on its Noerr-Pennington immunity argument. The USPTO awarded more than $400,000 in monetary fees without explaining how the Director Review Process was caused solely by any specific misconduct. VLSI asserts Vidal inverted the institution standard, joined Intel despite time-barred aspects, and failed to impose meaningful sanctions.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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