1993) (Federal Circuit defers to the law of the regional circuit when addressing the effect of testimony based on fraudulent documentation on patent validity). American-National Watermattress Corp., 996 F.2d 295 (Fed.
Rule 60(b)īroyhill Furniture Indus., Inc. Therefore Fifth Circuit precedent controls.
#James gandy perjury filed documents under false pretenses trial
The alleged fraud in this case involves perjury and truthfulness concerning the production of incriminating documents at trial and is not unique to patent law. However, for motions under Rule 60(b) involving procedural matters not unique to patent law, the Federal Circuit defers to the law of the regional circuit in which the district court sits. Generally, this court applies the law of the Federal Circuit to matters regarding patent law. In the interests of finality and because Signtech's motion is not timely under Rule 60(b) and does not establish that a fraud was perpetrated on this court, I will deny both of the motions. Signtech believes that the evidence produced in support of its motion is sufficient for the court to order a new trial, but it now requests that I permit it to take discovery to make certain that the facts are accurate and provable. Less than three weeks after the Federal Circuit affirmed Signtech's adverse judgment, Signtech filed the present motion to take discovery to ascertain if Vutek's witnesses perjured themselves at trial. The judgment was recently affirmed in part by the United States court of Appeals for the Federal Circuit on April 8, 1999, with a clarification of the amount of treble damages awarded to Vutek being the only part of the trial court's decision modified on appeal.ĭocket Entry No. After a trial on the merits, I entered a judgment in favor of Vutek on September 30, 1997. ("Vutek"), each asserted claims for patent infringement.
In the underlying action, Signtech and the defendant, Vutek, Inc. Signtech believes that the requested discovery will allow it to determine the extent of the defendant's possibly fraudulent conduct. Signtech moves to take discovery pursuant to the court's power to set aside a judgment under Federal Rule of Civil Procedure 60(b) or the court's inherent power for fraud upon the court. NANCY STEIN NOWAK, United States Magistrate Judge.īefore the court is plaintiff Signtech USA, Ltd.'s ("Signtech") Motion to Take Discovery Related to Fraud on the court and Motion for Oral Hearing.
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