Recent Delaware Evidentiary Hearings Characterized as “Perverse Prying” by a “Lone-Wolf Prosecutor” Were Wide-Ranging

  • November 16, 2022
  • Category: TPLF, Top Insight
    Tag: TPLF

Earlier this month, Delaware Chief Judge Colm F. Connolly held two hearings to consider whether patent plaintiffs Lamplight Licensing LLC, Mellaconic IP LLC, and Nimitz Technologies LLC (on November 4) and Backertop Licensing LLC (on November 10) have fully complied with new standing orders regarding corporate and third-party litigation funding disclosures. These two hearings are the first in a string of similar hearings scheduled before Judge Connolly through December, although after the Federal Circuit's recent related stay, it is unclear if the additional hearings will proceed. A review of the transcripts suggests that parties and counsel headed toward coming appearances should be prepared for an in-depth examination directed toward a wide range of related issues, including ethical considerations surrounding engagement with a party that litigation counsel has never met, concerns about the corporate form where an LLC maintains no bank account and its sole member receives payments directly deposited into a personal account, the differences between a post office box in Texas and a suite in Delaware, the involvement of third party consultants—here, MAVEXAR LLC, an entity associated with prolific patent monetization firm IP Edge LLC—in running litigation campaigns, and the appearance (in documents reviewed) of unexpected acronyms, like the perhaps not-so-mysterious “NWM”.


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