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ARTICLE · 01 NOVEMBER 2023

District Court Awards Sanctions For False RPI Identification

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The PTAB requires that all petitioners in IPR and PGR proceedings disclose the real party(ies)-in-interest. While that might seem like a mere formality, a false disclosure can lead to very harsh consequences.

United StatesIntellectual Property
Susan Gerber
Susan Gerber
Matthew Johnson
Matthew Johnson
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The PTAB requires that all petitioners in IPR and PGR proceedings disclose the real party(ies)-in-interest. While that might seem like a mere formality, a false disclosure can lead to very harsh consequences. In a recent decision, the U.S. District Court for the Southern District of California granted a default judgment against Ventex Co., Ltd. ("Ventex") in the amount of nearly $2.4 million for claims arising out of its involvement in seeking inter partes review in its own name without disclosing that the real party-in-interest was another company, Seirus Innovative Accessories, Inc. ("Seirus"). Columbia Sportwear North America Inc. v. Ventex Co., Ltd., Case No. 20-cv-709-RSH-JLB, ECF No. 379 (S.D. Calif. Sept. 20, 2023). The patents were owned by Columbia Sportswear North America, Inc. ("Columbia").

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