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OpenSky – Director Finds Abuse Of Process, PTAB Litigation Blog

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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.

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