Service Flub In Video Game IP Case Leads To Sanctions

Law360 (November 2, 2020, 9:57 PM EST) -- A California federal court has awarded attorney fees for "improper and unreasonable tactics" during a Patent Trial and Appeal Board case, criticizing a patent owner for pushing arguments that a review was time-barred even after learning it had served a deficient summons.

In an Oct. 20 order, U.S. District Judge John A. Kronstadt said that Game and Technology Co. Ltd.'s conduct when fighting rival Wargaming Group Ltd.'s petition for inter partes review — "viewed collectively" — made the case exceptional, warranting $142,694.47 in fees and expenses.

GAT, which had sued Wargaming for allegedly infringing a GAT online gaming patent, previously argued...

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