Texas Paralegal at Center of Delaware Disclosure Debate Must Appear in Person, Rules Judge Connolly

June 2, 2023

Over the past several months, Delaware Chief Judge Colm F. Connolly has applied continued pressure to a set of plaintiffs linked to patent monetization firm IP Edge LLC over their failure to comply with heightened disclosure requirements that he imposed in his court last April. As he has forced more and more of those plaintiffs to reveal details on their corporate control, assets, and legal representation, Judge Connolly has expressed increasing concerns that IP Edge’s unusual entity formation strategy—under which the firm has named individuals with no prior experience in patent assertion as the managers of entities under its apparent control—is part of a “fraud upon the court” designed to shield IP Edge and its principals from liability. Now, one of those individuals—a Texas paralegal listed as the sole owner of IP Edge-linked plaintiff Backertop Licensing LLC—may soon have to testify in person despite her other personal and professional commitments. On May 31, Judge Connolly excused her from a June 8 hearing but ruled that she will need to appear in person next month, warning that he needs to assess her credibility on a number of key issues.

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