Delaware Court Disqualifies Patent Lit. Counsel For Conflict Of Interest

Michael E. McCabe, Jr.Conflicts of Interest, District Court Litigation, IP Ethics0 Comments

On May 15, 2015, the U.S. District Court for the District of Delaware granted a defense motion disqualifying plaintiff’s counsel in a patent infringement action due to a former client conflict of interest. Innovative Memory Solutions, Inc. v. Micron Tech., Inc., No. 14-1480-RGA (D. Del. May 15, 2015) (order here). Innovative Memory Solutions, Inc. (“IMS”) filed the infringement action against … Read More



Sony Alleges Conflict Of Interest, Wants Acacia In-House And Outside Patent Litigation Counsel DQ’d

Michael E. McCabe, Jr.Conflicts of Interest, District Court Litigation, IP Ethics0 Comments

Motions to disqualify opposing counsel are not uncommon, especially in patent litigation. In many cases, disqualification is sought based on an alleged former client conflict of interest. Former client disqualification motions normally allege that an attorney working in the law firm representing one of the parties to a litigation previously represented the opposing party in a “substantially related matter.” Under … Read More