×

In Offbeat Motion, Nimitz Previews Argument to Avoid Sanctions

April 14, 2023

Delaware Chief Judge Colm F. Connolly ordered counsel for Nimitz Technologies LLC to appear before him last week “prepared . . . to show cause why he and Nimitz should not be sanctioned for failure to comply with” a November 10, 2022 order to produce to the court a set of documents related to Nimitz’s formation and control. The court canceled that hearing in light of Nimitz’s April 6 production (two days after the order to appear), which it explained required more time to review. Perhaps previewing some of what might have been said at that canceled hearing, counsel for Nimitz filed a “motion for reargument”, challenging Judge Connolly’s order requiring him to appear as a misread of appellate procedural rules. According to the motion, a mandate has yet to issue in relation to a denied petition for a writ of mandamus from the Federal Circuit and therefore Judge Connolly presumably still lacks jurisdiction to take this case back up. Nimitz’s motion drew a swift and clipped response from the court.


Subscription Required

This content requires a subscription to view

  • Over 7,000 news articles covering new patent cases, key policy decisions, and USPTO assignments
  • Advanced custom alerts for campaigns and entities
  • Proprietary litigation timelines
  • Full access to Federal Circuit, PTAB, and ITC dockets
  • Judge, venue, and law firm analytics



×
×