Full Federal Circuit Declines to Revisit VLSI Verdict Reversal Amid Further PTAB Sanctions Intrigue

March 17, 2024

The multidistrict campaign waged by VLSI Technology LLC against Intel has captured headlines for a variety of reasons in the past several months. In December, the Federal Circuit toppled a $2.2B verdict in the first VLSI case to go to trial—wiping out a Texas jury’s finding of infringement for one patent, reversing and remanding as to damages for a second patent, and also reviving the defendant’s license defense in that case. The full Federal Circuit declined to rehear that decision earlier this month. Meanwhile, also hanging over that proceeding are a set of closely watched inter partes reviews (IPRs) filed by two third parties, OpenSky Industries and Patent Quality Assurance (PQA), that led to the invalidation of both patents from that verdict amidst accusations of gamesmanship from both petitioners. On March 11, USPTO Director Kathi Vidal denied OpenSky’s latest attempt to avoid a $413K attorney fee judgment that she imposed for its abuse of the IPR process—though she did grant a reprieve on timing.

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