Working on Second Edition of Ethical Issues in Patent Litigation

Mercedes Meyer and I finished the 2d edition of patent ethics – prosecution a few months back.  My solo volume is coming along.  (I hate second editions, or any updates.)

I've been working on the sections on ex parte contacts, and it's just fascinating what happens out there.  My favorite case so far is this:  expert signs on to be adverse to IBM, and when IBM personnel find out, they revoke his special pass to attend some (geeky, I am sure) seminar.  He asks why, and they say because he's an expert.  He then offers up some description of what he's to testify about, and eventually the lawyers who retained him piece it all together and move to disqualify IBM's lawyers.

Motion denied, because, even though the effort to revoke his pass and all were run by IBM's lawyers, they didn't script any conversation or direct the IBM people to talk to him….

About David

Professor of Law, Mercer University School of Law. Formerly Of Counsel, Taylor English Duma, LLP and in 2012-13, judicial clerk to Chief Judge Rader.

2 thoughts on “Working on Second Edition of Ethical Issues in Patent Litigation

  1. 1

    Let’s take that a step further.

    Lawyers advise client to file suit against expert for some flimsy. Client makes it known that the suit will be dropped if the expert withdraws.

    I think that might be a bit much.

    I have been in suits where our litigators have been collaterally attacked by the other side by filing ethics charges against them based on unrelated activity. What about that?

Comments are closed.