Khan v. Hemosphere Inc.

 
APPEAL NO.
2019-1952, 2019-2394
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Stoll

Question(s) Presented

“Federal Rule of Civil Procedure 11(c)(2) provides that a motion for sanctions ‘must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets.’ May a motion for Rule 11 sanctions be granted when the moving party fails to serve the motion on the nonmoving party prior to filing?”

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