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ARTICLE · 09 DECEMBER 2022

District Court Ventures Into Non-Practicing Entity's Third-Party Litigation Funding

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On November 16, 2022, non-practicing entity, Nimitz Technologies LLC, filed a petition for a writ of mandamus to the U.S. Court of Appeals for the Federal Circuit from the District of Delaware.

United StatesIntellectual Property
Eileen Hyde
Eileen Hyde

On November 16, 2022, non-practicing entity, Nimitz Technologies LLC, filed a petition for a writ of mandamus to the U.S. Court of Appeals for the Federal Circuit from the District of Delaware. Nimitz asked the Federal Circuit to reverse an order in four patent-infringement cases filed by Nimitz, in which Chief Judge Connolly required Nimitz to disclose its third-party funding for each of the cases.

Nimitz's petition argues that the district court, under the guise of seeking information as to the real parties-in-interest, is improperly requiring the disclosure of Nimitz's finances, business practices, and litigation decisions, including who controls or benefits from the litigation, as well as the production of privileged communications and confidential litigation-related documents deemed irrelevant by Congress.

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