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Show Cause Hearing No-Shows Appear to Tee Up Appellate Review

August 7, 2023

Lori LaPray and Jacob LaPray, the respective sole owners of IP Edge LLC-tied plaintiffs Backertop Licensing LLC and Creekview IP LLC, failed to attend an August 1 hearing addressing the prospect of civil contempt, both responding to the show cause order from Delaware Chief Judge Colm F. Connolly days before. The two LLC plaintiffs—each of which affirmatively filed patent cases in Delaware—and the two LaPrays argued in that written response that Judge Connolly generally “lacks authority to pursue this contempt proceeding”; that “the orders requiring defendants and the LaPrays [sic] are transparently invalid”; and that “the court lacks inherent authority to require theappearance [sic] of [the LaPrays], who live[] more than 100 miles away”. David L. Finger of Finger & Slanina, LLC signed a brief that further argues that “a different judge must be seated to address contempt as the present judge cannot serve as both investigator and judge”. Circumstances here suggest that Backertop, Creekview IP, and the LaPrays may ask the Federal Circuit to intervene should they be held in civil contempt.


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