A Blog About Intellectual Property Litigation and the District of Delaware

Entries for tag: Disqualification

Zdeněk Macháček, Unsplash

Disqualification motions are tough. In the last 10 years, I count 2 successful motions in Delaware patent cases and 10 losers (although the counting is more complicated than usual as the issue tends to involve an inordinately large number of objections and requests for reargument, and often springs up again as the case evolves).

Still, one can learn things even from a failed attempt. Harbour Antibodies BV v. Teneobio, Inc., C.A. No. 21-1807-MN, for instance, gives us some insight into an issue that I'm surprised doesn't come up more often in this world of multinational megacorps and ultrafirms.

The plaintiff, Harbour, was a plucky little biotech startup that represented by the less little DLA Piper. DLA …