Monday, October 28, 2013

Dude, You Might Be Totally Getting Disqualified

(Apologies to those not immediately recalling the old Dell commercials, referenced in the title.)

As Law360 reports (further apologies for the paywall link, free trial available): "Dell Wants Adaptix Lawyers DQ'd In Patent Fight" --
  • "Dell Inc. asked a Texas federal court Friday to disqualify for conflict of interest Hayes Messina Gilman & Hayes LLC and the Tadlock Law Firm PLLC from representing technology licensing company Adaptix Inc. in a patent infringement suit against Dell over data encoding technology."
  • "Dell argued that certain Hayes Messina attorneys, including Kevin Gannon and Jonathan DeBlois, had previously represented Dell in a separate patent suit launched against it by Lodsys Group LLC over Dell printers made by Lexmark that’s still pending in the same Texas federal court, posing a significant conflict of interest in the instant case with Adaptix, according to its motion to disqualify."
  • While the five-partner firm argued for screening, Dell declined, stating: "'Where, as here, the entire Hayes Messina firm appears to be working on Adaptix matters in the same small office, no comfort exists that the conflicted lawyers Gannon and DeBlois can avoid collaborating, speaking with or otherwise communicating with their colleagues who represent Adaptix in this case against Dell,' the company said. 'Under the authorities cited above, any screen will not allay the conflict of interest and client confidentiality concerns that lie at the heart of the ABA Model Rules.'"
For more detail, read Dell's Motion to Disqualify

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