The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday granted Patent Quality Assurance’s (PQA’s) motion to dismiss its January 24 petition for a writ of mandamus asking the CAFC to restore it as a party to its high-profile inter partes review (IPR) proceeding against VLSI Technology. U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal in December 2022 ruled that PQA abused the IPR process by filing an IPR and threatening to join a separate IPR against VLSI in order to receive a payout from the technology firm. She also found that PQA misrepresented an “exclusive engagement” with a witness, Dr. Adit Singh, who was involved in another IPR petition against VLSI brought by OpenSky. She sanctioned PQA by dismissing it from the proceeding and said that, “though the behavior here may not be as egregious as that of OpenSky… I find that PQA’s behavior, nonetheless, amounts to an abuse of process.”
Recent Posts
- Other Barks & Bites for Friday, July 26: New Group Registration for Frequently Updated News Websites, Trade Secret Claims Against TikTok Survive Dismissal, and USPTO’s Estoppel Provisions in IPR Proceedings Upheld
- Call Off Chicken Little: The Sky is Not Falling for Skinny Labeling After GSK v. Teva
- CAFC Committee Recommends Another Year of Sanctions Against Newman
- Massie Tells House IP Subcommittee Witnesses He’s ‘Appalled’ By Proposals to Rein in ITC’s Patent Powers
- CAFC Invalidates Remaining Claim on Data Transmission Patent, Remands Substitute Claims for Collateral Estoppel Determination