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ARTICLE · 30 NOVEMBER 2021

Lit Alerts— November 2021

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In Diamond Services Management Co. v. Knobbe Martens Olson & Bear, LLP, the US District Court for the District of Columbia declined to enforce subpoenas directed to two law firms that had filed anonymous challenges to a patent.

United StatesIntellectual Property
Kenneth Chernof
Kenneth Chernof
John D. Lombardo
John D. Lombardo
Andrew K. Solow
Andrew K. Solow
David J. Weiner
David J. Weiner
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Patents: Court Rejects Attempt to Identify Anonymous Patent Challenger by Subpoenaing Law Firm Documents

In Diamond Services Management Co. v. Knobbe Martens Olson & Bear, LLP, No. 21-mc-36-TJK-ZMF (D.D.C. Nov. 5. 2021), the US District Court for the District of Columbia declined to enforce subpoenas directed to two law firms that had filed anonymous challenges to a patent. The petitioners sought to identify the law firms' anonymous client behind the patent challenges by subpoenaing documents from the firms.

The case stemmed from the petitioners' apparent suspicion that the law firms' client was C&C Jewelry Manufacturing, Inc. (C&C). Relevant here, C&C had years before settled a challenge it brought to the validity of the same patent. That settlement included an agreement by C&C that it would not challenge (or cause to be challenged) the patent. In 2019 and 2020, however, two law firms filed an anonymous Certificate of Correction and a Reexamination Request with

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