On October 4, 2022, the Director of the United States Patent and Trademark Office (the “Director”) issued a precedential decision finding that the conduct of Petitioner OpenSky Industries, LLC (“OpenSky”) was an abuse of process, sanctioning Petitioner, and remanding to the Patent Trial and Appeal Board (the “Board”) for further proceedings.  OpenSky Industries, LLC v. VLSI Technology LLC, IPR2021-01064, Paper 102 (P.T.A.B. Oct. 4, 2022).

On July 14, 2022, the Court of Appeals for the Federal Circuit (CAFC) sanctioned plaintiff-appellant Pop Top Corp. for the filing of a frivolous appeal, granting defendant-appellee Rakuten Kobo Inc. $107,748 in attorney’s fees and doubled costs.  Pop Top Corp. v. Rakuten Kobo Inc., No. 21-2174 (Fed. Cir. July 14, 2022).