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Shopify Motion “to Identify All Third-Party Interests” in Case Against It Is Denied
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Magistrate Judge Derek T. Gilliland has denied a motion filed by Shopify to compel Texas plaintiff Lower48 IP LLC “to identify all third-party interests in this action, including the identity of any individuals or entities that have financial interests in the outcome of this litigation, such as investors or litigation funders, and the scope of those interests”. Shopify had asked the court to impose the heightened disclosure rules that Chief Judge Colm F. Connolly is now enforcing in his Delaware courtroom, pointing to evidence that others familiar to patent monetization might well be invested in the litigation—others that, per Shopify, the court should consider when evaluating potential conflicts of interest.
July 9, 2023