PTAB Denies Motion for Sanctions

No Do-Overs: PTAB Denies Motion for Sanctions as Untimely, PTAB Litigation Blog

Visit the PTAB Litigation Blog. 

In MG Freesites Ltd v. Scorpcast, LLCthe PTAB recently denied a Petitioner’s request to file a Motion for Sanctions for alleged misconduct by the Patent Owner during depositions because the Petitioner did not raise the issue in a timely fashion with the Board.  IPR2021-00510, Paper 27 (March 25, 2022). The Petitioner took the depositions in question on January 13 and 14, 2022. Paper 27 at 3.  The Petitioner then filed a Reply to the Patent Owner’s Response on January 28, stating in the reply that the inventors “repeatedly dodged questions related to their invention and purported conception and reduction-to-practice.” Id.  The Petitioner did not argue for or seek any sanctions in the Response.  Id.  It was not until February 18 that the Petitioner first raised the issue of sanctions.  Id. at 2.  The Petitioner then served a proposed Motion for Sanctions on the Patent Owner on March 1st and sought the Board’s authorization to file the motion on March 22.  Id. at 3. 

Read the full article at  

Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our “Contact Us” form, which can be found on our website at The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.