Jarndyce v. Jarndyce All Over Again (Apologies to Charles Dickens)

Submitted by patentadmin on Tue, 06/23/2009 - 13:51

A recent blog commented on a case where the defendants were lawyers. We now have a case, Tailored Lighting Inc. v. Osram Sylvania Products, Inc., where the lawyers for the defendant are deposing lawyers for the plaintiff. Yes, indeed. It seems that the lawyers have reached a point where they only need lay persons (f/k/a “laymen”) to pay their bills.

In a long-running (five years and counting) case alleging patent infringement, an in-house attorney for the plaintiff signed the answers to interrogatories propounded by the defendant. This gave the lawyers for the plaintiff an opportunity – after much costly briefing and arguing before the judge – to depose him. Apparently, they enjoyed this so much, they are now seeking to depose the law firm which prosecuted the patent-in-suit. This, of course, involves more (costly) briefing and arguing before the judge. At some point, the parties may actually focus their attention on the issues of patent validity and infringement but, it would seem, not any time soon.

THE LESSON TO BE LEARNED: For lawyers, litigation is like a vacation – the longer it lasts, the better.

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