OpenSky Industries has filed a reply brief as cross-appellant at the U.S. Court of Appeals for the Federal Circuit, arguing that the U.S. Patent and Trademark Office conceded a Noerr-Pennington flaw in the original sanctions ruling. The brief is part of VLSI Technology's appeal of a sanctions decision by the former USPTO director.
OpenSky's argument centers on the Noerr-Pennington doctrine, which protects the right to petition the government. The company contends that the USPTO's position effectively admits the sanctions order improperly targeted protected petitioning activity.
The case raises questions about how the doctrine applies to USPTO sanction proceedings. The Federal Circuit is reviewing the sanctions ruling in light of the cross-appeal.