Plaintiff Signals Plan to Seek US Supreme Court Intervention, Characterizes Judge Connolly as Its “Adversary” in the Case

February 4, 2023

This past week the full Federal Circuit turned away an appeal of a panel denial of a petition for a writ of mandamus filed by Nimitz Technologies LLC, a plaintiff with links to formerly prolific patent monetization firm IP Edge LLC. Nimitz had asked the Federal Circuit to vacate an order, handed down by District of Delaware Chief Judge Colm F. Connolly, that would require Nimitz to produce to the district court a wide-ranging set of information concerning ownership/control, assets, and legal representation. A Federal Circuit panel denied the petition, prompting Nimitz to file an appeal with the full appellate court. On January 31, 2023, that appeal was also denied. Now, Nimitz—represented throughout by George Pazuniak of O’Kelly & O’Rourke, LLC—has asked the Federal Circuit to stay the associated mandate so that it can appeal further, this time to the US Supreme Court. In its motion, Nimitz sharpens its assessment of the situation, calling Judge Connolly “the adversary in this case”, to whom the production order would require it to deliver materials covered by the attorney-client privilege “not for the purpose of determining whether privilege applies, but for purposes of using the attorney[-]client communications in an investigation of Nimitz”. Per Nimitz, its further appeal is “raising a substantial question, and, indeed, raising an issue which has never been addressed by any court”.

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