In Shire Development LLC, LCS Group, LLC, IPR2014-00739, Paper 14 (December 23, 2014), the Board authorized petitioner to file a motion for sanctions after the inventor Dr. Louis Sanfilippo, send an email in violation of the Board’s December 9, 2014, Order prohibiting him from contacting Shire, Shire’s employees, the expert retained by Shire for this proceeding (Dr. Timothy Brewerton), and counsel for Petitioner, except through counsel for Patent Owner or in the presence of counsel for Patent Owner. The Board agreed with Petitioner and clarified its earlier order:
Dr. Sanfilippo is prohibited from contacting Petitioner, Petitioner’s employees, Petitioner’s expert, Petitioner’s counsel, or anyone associated with Petitioner, in relation to this proceeding. Further, any communication from Patent Owner to Petitioner or Petitioner’s representatives regarding this proceeding must be signed by Patent Owner’s counsel of record. Moreover, Dr. Sanfilippo cannot sign any paper to be filed with the Board in this proceeding, but all papers must be signed by Patent Owner’s counsel of record. We remind counsel that they are subject to the USPTO Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et. seq. and disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
While his conduct is no doubt disruptive, since Dr. Sanfilippo is not a party to the proceeding (the reason he was not allowed to proceed pro se), one wonders what authority the Board has over his actions