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ARTICLE · 01 AUGUST 2024

D. Mass. Patent Litigation Update: June 2024

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In DS Advanced Enterprises v. Ledvance LLC, No. 24-cv-11155, Magistrate Judge Levenson denied Plaintiff's request to waive the Local Rules' requirement of local counsel and denied without prejudice the application...

United StatesIntellectual Property

This is part of a series of articles discussing recent orders of interest issued in patent cases by the United States District Court for the District of Massachusetts.

In DS Advanced Enterprises v. Ledvance LLC, No. 24-cv-11155, Magistrate Judge Levenson denied Plaintiff's request to waive the Local Rules' requirement of local counsel and denied without prejudice the application to admit its out-of-state attorney pro hac vice. The Court also granted the pro hac vice application ofDefendants' counsel over Plaintiff counsel's objection.

The Local Rules require the simultaneous appearance of local counsel for an attorney seeking pro hac vice admission. Plaintiff moved to waive this requirement, arguing good cause exists due to its lawyer's years of experience practicing patent law and familiarity with both the facts of the case and relevant law. The Court denied the request for three reasons. First, the Court noted that Plaintiff's counsel's adjudicated failure to

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