A Blog About Intellectual Property Litigation and the District of Delaware

Come At Me Bro Crab
chanphoto, Unsplash

As I mentioned on Monday, my co-bloggers Nate, Emily, and I are swamped at the moment, with a trial this week and another coming up in a week and a half—so this will be a less fulsome post than I'd like.

But I wanted to pass along the "Notice of Objection to and Non-Participation in Judicial Inquisition" attached below, in which the Mavexar-related entity Backertop Licensing LLC and its owner refuse to appear for the Court's scheduled July 20, 2023 hearing (and to produce any further documents), in direct contravention of an order of the Court:

Former Plaintiff Backertop Licensing LLC (“Backertop” or “Plaintiff”) hereby gives notice of its objection to the Judicial Inquisition initiated and conducted by the Court, and of its declining to participate any further in such inquisition . . . .
This Court has been compelling Backertop and [its owner] to provide testimonial and documentary evidence without advising them of their rights in the face of a possible criminal prosecution. . . . As such, this action is transparently invalid. For these reasons, Backertop and [its owner] respectfully decline to participate further.

Backertop Licensing LLC v. Canary Connect, Inc., C.A. No. 22-572-CFC, D.I. 48, at 20 (D. Del. July 12, 2023).

Even setting aside the refusal to appear as ordered, there are many interesting things in the brief, including a challenge to the scope of the Court's inherent authority, a quote from this blog, and the above argument that this is all essentially a criminal matter. Enjoy.

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