Nimitz Responds to Judge Connolly, Appeals Denial of Its Petition to Full Federal Circuit

  • December 31, 2022
  • Category: Patent Litigation Feature

Nimitz Technologies LLC, a plaintiff with links to prolific patent monetization firm IP Edge LLC, has responded to two adverse turns among the recent “Series of Extraordinary Events” unfolding before Delaware Chief Judge Colm F. Connolly. First, Nimitz has appealed the rejection of its petition for a writ of mandamus to the full Federal Circuit. Nimitz argues that the panel (and the district court) both failed to properly apply the principle that a court should avoid considering issues that are not presented to it by the parties and improperly considered an uninvited, legally erroneous memorandum penned by Judge Connolly. Nimitz argues that full court consideration is necessary to “answer to a precedent-setting question of exceptional importance: whether the district court may require that a litigant provide attorney-client privileged documents to the judge that is investigating the party, where the crime-fraud exception to the attorney-client privilege has not been, and could not be, invoked”. Back before Judge Connolly, Nimitz has also responded to an order to show cause why it should not be sanctioned, there arguing that the court has jumped the gun and that Nimitz cannot be required to produce to the court documents that would moot the appeal underway before the full Federal Circuit.

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