The story, hopefully not behind a paywall is here. It’s not quite clear from the story, but it seems that the patentee had several lengthy meetings with one set of K&L Gates lawyers about some of its patents, but, for whatever reason, did not retain the firm. The, after the patentee filed suit, K&L Gates showed up representing the defendant. After the firm filed a response to the motion to disqualify, it announced it would withdrawn to avoid the cost and delay of the motion on its client.
This implicates (in many federal courts) Model Rule 1.18, or its state analogs, a rule that is not on a lot of lawyers’ radar. Essentially, it provides that a law firm owes duties to a client who in good faith seeks to retain the law firm. The firm can obtain consent, set up screens, and take other steps to avoid a conflict under the rule, and it may be that’s what K&L Gates did here.
If you do “beauty pageants” or “dog and pony shows,” read Model Rule 1.18 and take advantage of some of its safe harbors, to protect yourself, your prospective client, and later potential clients.