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“The Search for Judicial Conflicts Has Attenuated Beyond Any Reasonable Application of the Law”

May 22, 2023

The multifront litigation between plaintiff VLSI Technology LLC and Intel has made headlines in the Western District of Texas (via three jury verdicts), the District of Delaware (via a hotly contested fight over corporate disclosure), and the Patent Trial and Appeal Board (PTAB) (via cancellation of claims that undergird one of the patents found to have been infringed in West Texas). However, this set of disputes actually began in the Northern District of California, in October 2017. A stay has made that leg of the campaign lag, but Intel recently sought to revive the disclosure dispute there. This past week, District Judge Beth Labson Freeman unsealed her order denying Intel’s request, ruling that “this discovery dispute seems more clearly directed to trial strategy and not judicial disqualification” and that “the search for judicial conflicts has attenuated beyond any reasonable application of the law”.


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