Defendant's emergency motion to disqualify plaintiff's counsel was denied despite plaintiff's counsel's work on defendant's IPO. "The [defendant's] IPO matter involved due diligence tasks necessary to ensure proper disclosure to the [SEC] and the public, while this litigation involves the alleged infringement of the patents-in-suit. The matters are factually and legally different. This is further supported by the fact that [plaintiff's counsel] has not reviewed the patents-in-suit, pleadings, or any litigation related material, nor was he required to do so in order to perform his due diligence duties in the [defendant's] IPO matter."
Soverain Software LLC v. CDW Corporation et al., 6-07-cv-00511 (TXED March 18, 2010, Memorandum Opinion & Order) (Davis, J.)