Wednesday, July 28, 2010

Plaintiff's Counsel's Prior Prosecution Work Concerning Defendant's Accused Products Warrants Disqualification

Defendant's motion to disqualify plaintiff's counsel was granted where the disqualified law firm employed an attorney who previously represented defendant. "[The attorney] was involved in patent prosecution work for the accused product. . . . He performed a non-infringement analysis as part of the process. . . . It appears quite clear that [his] work on the [defendant's product] bears a substantial relationship to the issues in this case that involve prior art. [Plaintiff] used the [defendant's] patents for the [defendant's product] as evidence in the claim construction process. That also tends to support a substantial relationship finding."

Sunbeam Products, Inc. v. Hamilton Beach Brands, Inc., et al., 3-09-cv-00791 (VAED July 22, 2010, Memorandum & Opinion) (Payne, J.)

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