Monday, February 27, 2012

Multiple Motions to Disqualify Counsel Undermine "Substantially Related" Argument

The court denied defendant's motion to disqualify plaintiff's counsel where three of plaintiff's attorneys previously represented defendant in two infringement cases but the matters were not substantially related. "The fact that [defendant] has filed motions to disqualify [plaintiff's counsel] in four other cases undermines its substantially related argument. Each of these patent infringement cases involves a different patent. Under [defendant's] interpretation of the law, [plaintiff's counsel] is likely precluded from ever representing any client in a patent infringement case against [defendant]. This reading of the law is too broad."

Secure Axcess, LLC v. Dell Inc., et. al., 6-11-cv-00338 (TXED February 23, 2012, Order) (Davis, J.)

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