Insights

Airplane wing in sky of clouds

OpenSky – Director Finds Abuse Of Process, PTAB Litigation Blog

Visit the PTAB Litigation Blog

In OpenSky Industries, LLC v. VLSI Technology LLC, Under Secretary of Commerce for Intellectual Property, Katherine Vidal, issued a precedential decision regarding OpenSky’s violation of the Director’s express order and ultimately issued sanctions limiting OpenSky’s ability to participate in the IPR. The Director concluded that OpenSky “engaged in discovery misconduct by failing to comply” with orders for “interrogatories and Mandatory Discovery”,  and “abused the IPR process by filing the IPR “in an attempt to extract payment from VLSI [and Intel].” Id. at 2-3.

Read the full article at ptablitigationblog.com.

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 www.jonesday.com. 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.