Published by LawTechie - May 8, 2012 - LawTechie

ip lawIf my clients wonder about me harping the same old tune on why I went the way of an IP boutique and keep rejecting recruiters for our respected competitors in Big Law, this case says it all:

Lawyers for Apple Inc. have until the end of the day to turn 3,000 pages of material into a simple chart after an administrative law judge at the International Trade Commission struck the massive filing as “unacceptable.”

Apple counsel from Wilmer Cutler Pickering Hale and Dorr had been instructed to submit a prehearing statement correlating patent claims to the accused products or prior art. “The rule sets forth sample charts so that there can be no confusion as to what data is required,” Gildea wrote. “Other parties in other investigations have not had any trouble understanding the requirements.”

Aside from submitting “arguments” in a length that no sane judge would (or even could effectively) consider, one wonders what Wilmer Hale was thinking when it decided to do so in light of Samsung’s one page submission…

Gildea, who cited the “size and complexity of this Investigation, as well as its unusually adversarial nature,” has set a deadline of Sept. 14, 2012 to issue a final initial determination in the case, number 337-794.

Unusually adversarial because lawyers with fat clients tend to get blinded by all of those dollar signs (especially during a slow economy)… but that’s just my guess.

Lesson: Just because you employ enough associates to produce a 3000 page document, doesn’t mean you should have all of them bill up the hours. I’m curious to see if Apple disputes the bill on this 3000 page production.

LawTechie is a blog focusing on trends in tech and digital media. Areas covered include intellectual property, cyberlaw, venture capital, transactions and litigation as they relate to the emerging sectors. The blog is edited by the firm's partner Tim Bukher with contributions from the firm's experts in their respective areas of law.


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