Tuesday, November 27, 2012

Defense Counsel’s Prior Representation of Plaintiff for “Junior Prosecution Work” Did Not Require Disqualification

The court denied plaintiff's motion to disqualify defense counsel where one of defendant's attorneys was plaintiff's prior patent prosecution attorney. "[The attorney's] work was confined to junior prosecution work on patents unrelated to those in suit, either by specification or by subject matter. There is no evidence that [he] was involved in any discussions of [plaintiff's] strategies for patent prosecution, claim drafting, or licensing/litigation/monetization of their patents. . . . Even assuming that [he] learned of such general confidences indirectly from more senior attorneys . . . it is not apparent at all how confidential knowledge of [plaintiff's] strategies and plans fifteen years ago could be relevant to any issue in this case, or harmful to [plaintiff] in some other way."

Walker Digital LLC v. AXIS Communications AB, et. al., 1-11-cv-00558 (DED November 21, 2012, Order) (Andrews, J.).

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