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ARTICLE · 19 AUGUST 2021

Judgment Vacated Under Rule 60(b)(3) Based On A Witness's False Testimony

Haug Partners
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The Federal Circuit recently affirmed a district court ruling setting aside a final judgment of patent infringement, including a $1.1 million damages award and a permanent injunction.

United StatesIntellectual Property
Rich Kurz
Rich Kurz
Audrey Sparschu
Audrey Sparschu
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The Federal Circuit recently affirmed a district court ruling setting aside a final judgment of patent infringement, including a $1.1 million damages award and a permanent injunction. The appellee brought the motion to vacate the judgment under Federal Rule of Civil Procedure 60(b)(3), which states:

(b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

. . .

(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; . . . .1

A motion under Rule 60(b)(3) "must be made within a reasonable time," "no more than a year after the entry of judgment."2

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