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ARTICLE · 21 SEPTEMBER 2016

Federal Circuit Patent Updates - September 2016

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Lourie, J. Affirming disqualification of plaintiff's counsel and affirming dismissal of complaint. "We recognize that there are important societal rights implicated by attorney disqualification, such as the right of a party to counsel of its choice and an attorney's right to freely practice his or her profession.

United StatesIntellectual Property
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Dynamic 3D Geosolutions LLC v. Schlumberger Limited (No. 2015-1628, 9/12/16) (Lourie, Wallach, Hughes)

September 12, 2016 2:49 PM

Lourie, J. Affirming disqualification of plaintiff's counsel and affirming dismissal of complaint. "We recognize that there are important societal rights implicated by attorney disqualification, such as the right of a party to counsel of its choice and an attorney's right to freely practice his or her profession. However, there is an overriding countervailing concern suffusing the ethical rules: a client's entitlement to an attorney's adherence to her duty of loyalty, encompassing a duty of confidentiality... It was inappropriate to hire a senior attorney, one intimately knowledgeable concerning a particular product, its competitors, and its associated business strategies and intellectual property, into a position in which she not only participated in but in fact played a significant role in acquiring a patent used to accuse her former

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