District Court Issues Sanctions for Patent Owner’s Shapeshifting Arguments at the PTAB, PTAB Litigation Blog

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Although infrequently awarded, district courts are empowered to issue sanctions for behavior at the PTAB that they deem “exceptional” under Octane Fitness.  In Game and Technology Co., Ltd. v. Wargaming Group Limiteddistrict court defendant and successful PTAB petitioner Wargaming Group moved for an exceptional case finding based on the Patent Owner GAT’s conduct in trying to dodge Wargaming’s Petition via the 35 U.S.C. § 315(b) bar.

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