Here is a fun one. Lawyers are defending their client in a patent case. They conclude that prosecution history disclaimer precludes infringement. So, they email to the patentee’s counsel a Rule 11 motion raising the issue, and do not file the motion. They wait the required 21 days. Then they file it.
Problem is… they waited a year to serve the motion. Courts hold that the motion should be served as soon as practicable. As a result, the court held the motion was properly denied as having been served in an untimely fashion.
The opinion, Dragon Intel. Property, LLC v. AT&T Serv., Inc., 9Civ. A. No. 13-2061-RGA (D. Del. July 12, 2016) is here.