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Conflicts of Interest Patent Litigation

Faegre Drinker Biddle & Reath LLP

You Can Buy Me Dinner, But Don’t Expect to Choose My Entrée: Motion to Disqualify for Non-Party Litigation Funding Conflicts of...

You can pay for the dinner, but you cannot pick when, where or what we’re eating. At least that’s what a Magistrate Judge in the District of New Jersey decided last week in Harish v. Arbit, No. CV 21-11088-EP-AME, 2025 WL...more

Erise IP

Eye on IPRs, August 2024: Federal Circuit Rules on Arguments Not Raised in Request for Rehearing, USPTO Director’s Potential...

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Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: Federal Circuit Addresses Waiver of Argument Not Raised in Request for...more

Sheppard Mullin Richter & Hampton LLP

United Cannabis Corporation v. Pure Hemp Collective Inc.

This case addresses whether attorney’s fees are warranted due to an inequitable conduct and conflict of interest defense. Background - UCANN filed suit in the District of Colorado in July 2018, accusing Pure Hemp of...more

McDermott Will & Emery

Blunt Rejection of Attorney Fees in Stipulated Dismissal

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The US Court of Appeals for the Federal Circuit affirmed the rejection of attorney fees, finding that neither inequitable conduct nor a conflict of interest rendered the case exceptional given the limited factual record...more

Goodwin

Issue 40: PTAB Trial Tracker

Goodwin on

Precedential Opinion Addresses Conclusory Expert Declarations - In a precedential opinion in Xerox Corp. v. Bytemark, Inc., IPR2022-00624, Paper 9 (P.T.A.B. Aug. 24, 2022), the Board denied institution of an inter partes...more

Haug Partners LLP

Federal Circuit Vacates $2.75 Billion Award Due to Violation of Judicial Recusal Statute

Haug Partners LLP on

In Centripetal Networks, Inc. v. Cisco Systems, Inc., the Federal Circuit vacated a $2.75 billion judgment against Cisco, finding that the district court judge failed to cure a conflict of interest by putting his wife’s Cisco...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (July 5-8): The Case of the Moonlighting Patent Attorney

Precedential opinions:  1 Non-precedential opinions:  8 Rule 36:  4 Longest pending case from argument:  Tris Pharma, Inc. v. Actavis Lab’ys FL, Inc., No. 21-1495 (121 days)...more

Knobbe Martens

Justice Must Satisfy the Appearance of Justice— A Judge’s Family’s Financial Interest of 100 Shares of a Party’s Stock Is a...

Knobbe Martens on

CENTRIPETAL NETWORKS, INC. v. CISCO SYSTEMS, INC. Before Dyk, Taranto, and Cunningham. Appeal from the United States District Court for the Eastern District of Virginia. Summary: Placing stock in a blind trust does...more

McDermott Will & Emery

Representation of Opposing Party’s Corporate Subsidiary Can Cause Disqualification

The US Court of Appeals for the Federal Circuit concluded that a firm’s ongoing representation of the opposing parties’ indirect subsidiary and affiliate in three patent infringement appeals created a concurrent conflict of...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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OxyContin-maker Purdue Pharma and its owners, the Sackler family, reached a deal this week with the state of Oklahoma in which they will pay “$270 million to avoid going to a state court trial over the company’s role in the...more

Proskauer - New England IP Blog

Court Disqualifies Law Firm in Patent Suit, Finding No Quick Fix for Rule 1.7 Violation

Chief Judge Saris in the District of Massachusetts recently granted a motion to disqualify the Sunstein law firm from representing Altova in a patent suit against Syncro Soft, upon finding that the conflict was foreseeable...more

Goulston & Storrs PC

Massachusetts Federal Court Warns that IP Practitioners Should Anticipate Potential Conflicts Among Existing Clients

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On July 26, 2018, Chief Judge Patti B. Saris of the U.S. District Court for the District of Massachusetts disqualified plaintiff’s counsel in the patent infringement case Altova GmbH v. Syncro Soft Srl, 17-cv-11642, finding...more

Weintraub Tobin

Law Firm Survives Disqualification Motion in Florida Patent Infringement Lawsuit

Weintraub Tobin on

In Lanard Toys Limited v. Toys “R” Us, Inc. et al, 3-15-cv-00849 (FLMD December 16, 2016, Order) (Barksdale, MJ), a patent infringement matter in Florida District Court, the court denied defendants’ motion to disqualify...more

McDermott Will & Emery

Lawyer Disqualifications for Conflict of Interest Result in Rebuke

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Addressing conflict of interest issues in a case involving the plaintiff’s in-house lawyer representing her new company in an infringement lawsuit against her former company over substantially related subject matter, the US...more

BakerHostetler

Federal Circuit Judge Bryson Denies Motion to Disqualify Plaintiff’s Counsel

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Providing a rare glimpse into a Federal Circuit judge’s views on the rules of professional conduct governing conflicts of interest, on February 26, 2016, Federal Circuit Judge William Bryson, sitting as a trial judge, denied...more

Morgan Lewis

MA Supreme Court Issues Highly Anticipated Patent Ethics Decision

Morgan Lewis on

Simultaneous representation by a law firm in the prosecution of patents for two clients for similar inventions is not a per se violation of the Massachusetts Rules of Professional Conduct. On December 23, in Chris E....more

Proskauer - New England IP Blog

Massachusetts Court Clears Patent Prosecutors of Malpractice Claims Arising From Representation of Clients in Same Technology Area

On December 23, 2015, the Massachusetts Supreme Judicial Court affirmed a lower court’s dismissal of a legal malpractice suit finding that, “simultaneous representation by a law firm in the prosecution of patents for two...more

Buchalter

Subject Matter Conflicts of Interest in Patent Prosecution – Training Your Team

Buchalter on

This article series is focusing on subject matter conflict of interest issues that are a significant concern for attorneys. Patent practitioners have an additional layer of concern with respect to subject matter conflicts of...more

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