Just today Judge Connolly issued another opinion in the Mavexar cases, denying the motion by Backertop Licensing LLC's sole member to stay the Court's order sanctioning her for failure to appear for a hearing.
As you may recall, the witness initially attempted to appear via teleconference, citing financial concerns and responsibilities at home and at work. Judge Connolly denied the request, and she ultimately failed to appear for the hearing. Thus began a running fine of $200 per day (that the Court is open) until she appears.
Shortly thereafter, Backertop moved to stay enforcement of the order pending appeal. Judge Connolly denied that motion in a short opinion today noting that success on appeal was unlikely:
I think it unlikely that Backertop and Ms. LaPray will prevail in their appeal. Indeed, were Ms. LaPray's reading of Rule 45 to be adopted by the Federal Circuit, a resident of Hawaii (which is more than 100 miles from any other federal judicial district) could form a shell LLC, give the LLC no assets except for a questionable patent, assert the patent in frivolous infringement lawsuits filed under the LLC' s name in the other 93 federal judicial districts, and have the LLC engage in fraudulent and sanctionable conduct through the course of those suits with impunity
Backertop Licensing LLC v. Canary Connect, Inc., C.A. No. 22-572-CFC, D.I. 62 at 5-6 (D. Del. Oct 3, 2023)
Given the track record of Mavexar appeals so far, this seems a fair assessment.
And so the fine continues to pick up steam. By my count, it has currently been building for 31 taxable days. for a total of $6,200 smackeroos.
Given that state of affairs, I thought it might be worthwhile to weigh that against the initial cost of attending the hearing. In that spirit, I have prepared a budget:
To begin, a round trip flight from Dallas to Philadelphia, booked on short notice. First class of course: $1,900 bucks.
Then, of course, a stay at the most luxurious room in the hotel DuPont, again booked on short notice: $575 clams.
But what about transportation to and from the airport, the hotel and the Courthouse you ask? Well, that can easily be arranged when you are the owner of a practically new, 1995 GMC Sierra with only 224,000 miles on it. Currently available on Craigslist for $3,500 greenback dollars.
TOTAL : $5,975 simoleons
Something to think about next time you are facing contempt sanctions. Delaware is not so bad (#statemotto).
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