Unsubstantiated Allegations of Inducing Infringement Sanctioned

Pellegrini v. Analog Devices, Inc., [ 2008-1091] (June 5, 2008) [BRYSON, PROST, ZAGEL] NON-PRECEDENTIAL The Federal Circuit affirmed the district courts order imposing sanctions against plaintiff and denying leave to file an amended complaint.
COMMENT: Are the courts hostile to patent claims? It seems that the district court and the Federal Circuit were quick to sanction a pro se plaintiff under Rule 11, when similarly unsubstantiated personal injury and product liability claims go undeterred.
BRIEF: The Federal Circuit applies the law of the regional circuit in which the district court sits in review of the court’s decisions regarding sanctions and requests to amend. The district court granted defendant’s motion for sanctions, finding that Pellegrini violated Rule 11 by accusing Analog of inducing infringement under 35 U.S.C. § 271(b) without having evidentiary support’ of direct infringement by Analog’s customers, and ordered ordered Mr. Pellegrini to pay a sanction in the amount of $20,000. The Federal Circuit deferred to the district courts discretion on the issue of sanctions, and on the refusal to allow plaintiff to amend the complaint as untimely.