- Judge Boots Feinberg Day from Patent Case, Says Even ‘Collective Lobotomy’ Wouldn’t Resolve Conflict
Trials & Litigation
Judge Boots Feinberg Day from Patent Case, Says Even ‘Collective Lobotomy’ Wouldn’t Resolve Conflict
Posted Feb 28, 2012 5:51 PM CST
By Martha Neil
A former team of DLA Piper attorneys now working at Feinberg Day on a major patent matter is going to have to find a new assignment.
A federal judge in San Francisco says the firm must "phase itself out promptly" from working on Talon Research v. Toshiba. Now representing Talon Research in the Northern District of California patent dispute, the team formerly put in thousands of hours for Toshiba in similar litigation while still at DLA Piper, according to Above the Law and Courthouse News.
In an opinion (PDF) last week, U.S. District Judge William Alsup granted a motion to disqualify Feinberg Day, finding that "even if Feinberg Day performed a collective lobotomy, Toshiba would rightly fear adverse use of information it shared in confidence. Toshiba may not be taken hostage by its former attorneys."