PTAB Awards Attorneys’ Fees As Sanction For Protective Order Violation

Michael E. McCabe, Jr.OED, Office of Enrollment and Discipline, Patent Ethics, PTAB SanctionsLeave a Comment

On July 1, 2016, the Patent Trial and Appeal Board in RPX Corp. v. Applications in Internet Time LLC, IPR2015-01750, 01751 & 01752, ordered patent owner Applications in Internet Time (AIT) to pay petitioner RPX Corp. $13,500 in attorney’s fees as a sanction for violating the Board’s protective order.  The Board found sanctions were warranted because AIT  disclosed the confidential … Read More

PTAB And District Court Litigators Risk USPTO Ethical Discipline For Protective Order Violations

Michael E. McCabe, Jr.Patent Ethics, PTAB Discipline, PTO Ethics Decisions, USPTO OED2 Comments

In patent litigation, one of the first orders of business is entry of a protective order protecting the participant’s confidential information. While protective orders come in all shapes and sizes, such orders uniformly prohibit a receiving party from disclosing a producing party’s confidential information except to a limited universe of defined individuals. In addition, a standard provision in protective orders … Read More