Plaintiff Gets Judicial Scolding: “If This Case Is Not Exceptional, Then There Are None”

Michael E. McCabe, Jr.Attorneys Fees, District Court Litigation, IP Litigation Sanctions, Litigation Ethics, Patent Ethics, Patent Litigation Sanctions4 Comments

It says a lot when the busiest patent judge in the United States calls a patent lawsuit “the clearest example of an exceptional case” he has ever seen. That is precisely what happened earlier this week, when Judge Rodney Gilstrap of the Eastern District of Texas, who personally handles one-quarter of all patent cases filed nationwide, awarded a defendant nearly … Read More

Litigation Ethics: What To Do With “Hot” Documents

Michael E. McCabe, Jr.Litigation EthicsLeave a Comment

Litigators spend much of discovery searching for “hot” documents.  In this context, when we say “hot” we mean really awesome, or at least very good, documents.  Some documents are smoking gun “hot.” They might be summary judgment “hot.”  They could also be your-so-hot-I-cannot-wait-to-play-you-on-cross-examination “hot.”  You probably have a separate folder in your trial preparation materials for “hot” documents. There is … Read More