A Blog About Intellectual Property Litigation and the District of Delaware


Entries for date: October 2020

I thought this was interesting. Last week Judge Burke granted a motion to compel a plaintiff's witness to respond on questions about the plaintiff's litigation financing arrangements.

Apparently plaintiff's attorneys instructed the witness not to answer at the deposition, but in the discovery dispute they only argued that the information is irrelevant, and did not raise privilege. Since relevance is not a valid justification for an instruction not to answer under FRCP 30, the Court permitted defendant to re-ask the question and held that plaintiff's witness must answer.

About Those Redacted Versions

I say plaintiff "apparently" objected only on reasonableness grounds because plaintiff never filed the redacted version of its sealed letter brief—a common problem.

If parties continue …

About 204,261 of these.
About 204,261 of these. Sharon McCutcheon, Unsplash

Judge Noreika today awarded $204,261.31 in attorneys’ fees to a plaintiff in a trademark action, after the defendants fired their counsel, failed to obtain new counsel, and eventually had a default judgment entered against them.

She also awarded fees-on-fees, granting attorney fees for bringing the successful fees motion but not for a previous unsuccessful fees motion.

The previous motion was denied due to timing issues. Plaintiffs had filed it more than 14 days after the default judgment, and Judge Thynge issued an R&R holding that the 14-day fees deadline under FRCP 54 had passed.

Judge Noreika then offered the plaintiffs a second chance to file the fees motion. She ultimately disagreed …

The Court (top center, riding an eagle) ordering additional sanctions
The Court (top center, riding an eagle) ordering additional sanctions Jupiter Fighting the Giants, Jacopo Zucchi

Following on Yesterday's post where we noted the odd and pleasing use of "Kludgy," I would like to use today's post to bring attention to another recent Delaware opinion which contains what I can only assume is the only use of the phrase "[y]ou can work with legal but at the end you will have your face burried [sic, obviously] in s***!" in a legal opinion.

The case is Citrix Systems, Inc. v. Workspot, Inc., C.A. No. 18-588, D.I. 411 (D. Del. Sept. 25, 2020), and it is a true ray of light in these dark days.

The opinion describes …