PTO Director Kathi Vidal has said she intends to sanction OpenSky Industries "to the fullest extent of the director's power" for double-dealing behavior in an America Invents Act proceeding. OpenSky is arguing that the AIA does not authorize an award of attorneys fees.
November 23, 2022 at 02:02 PM
3 minute read
The original version of this story was published on National Law Journal
The company that launched an attack on a $675 million patent, then offered to sabotage its own case in exchange for a payment, is now fighting a bid for attorneys fees from its opponents.
OpenSky Industries has brought aboard new counsel who argue that, although the America Invents Act authorizes the USPTO director to prescribe “sanctions” for abuse of the AIA process, it does not specifically mention attorneys fees.
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