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Conflicts of Interest Rules of Professional Conduct Patent Litigation

Baker Botts L.L.P.

An Attorney's Ethical Obligations to the Client in Third-Party Funded Litigation

Baker Botts L.L.P. on

The landscape of legal practice has significantly changed due to the proliferation of third-party litigation funding, a financial mechanism that provides capital to plaintiffs, including patent owners, in exchange for an...more

McDermott Will & Schulte

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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