October 6, 2022
Bloomberg Law
Director Kathi Vidal recently issued a decision finding that OpenSky Industries LLC abused the inter partes review (IPR) process in a challenge against a VLSI Technology LLC patent. The decision was the first time a PTO director levied sanctions in a patent review. Practitioners belive this decision could open the door to more scrutiny of petitioners’ reasons for bringing challenges and the ability of a flawed IPR challenge to continue under a new petitioner. Bloomberg Law interviewed Finnegan partner Tim McAnulty for his thoughts.
Tim noted that while Vidal pointed to the flagrant facts specific to this case—OpenSky seemingly formed in the wake of the verdict to capitalize on it, copied invalidity arguments from an earlier Intel petition, and sought money from both parties—her analysis could lay out a template that a PTAB panel or patent owner turns to in the future to allege abuse of process.
Read "OpenSky ‘Abuse’ Sanctions Add New Weapons in Patent Challenges"
Media Mention
Women in Business Law Americas Awards 2024: Three Finnegan Attorneys Shortlisted
April 7, 2024
Press Release
Finnegan and BMW Group Successfully Demolish Non-Practicing Entity NorthStar’s Efforts
April 3, 2024
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.