News & Analysis as of

Patent Litigation Rules of Professional Conduct

WilmerHale

Federal Circuit Patent Watch: Ordering In-Person Appearance to Testify Regarding Potential Fraud on the Court is within Court's...

WilmerHale on

Precedential and Key Federal Circuit Opinions - 1.  BACKERTOP LICENSING LLC [OPINION] (23-2367, 23-2368, 24-1016, 24-1017 Prost, Hughes, and Stoll) - Hughes, J. The Court affirmed the District Court’s orders (1)...more

Weintraub Tobin

Delaware Judge Seeks to Expose Patent-Litigation Funders

Weintraub Tobin on

Do defendants and the court have the right to ask who is funding a particular patent litigation? Chief Judge Connolly in Delaware says they do, and in In re Nimitz, the Federal Circuit denied a request to stop the judge’s...more

Haug Partners LLP

Changes to the Rules of Ethics for Patent Law Practitioners

Haug Partners LLP on

On May 26, 2021, the United States Patent and Trademark Office (“USPTO”) finalized the amendments to the Rules of Practice in Patent Cases as well as the rules regarding Representation of Others before the United States...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

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

Goulston & Storrs PC on

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

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

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