Court Chastises Parties for Getting Off Point in Patent Case
The Northern District of Iowa had some sharp criticism of the attorneys involved a patent infringement case. See Highway Equipment Co., Inc. v. Cives Corp., 2007 WL 689766 (N.D. Iowa 3/7/07.
Highway Equipment had filed a declaratory action against Cives for a declaration of noninfringement. The court's lengthy opinion defined the scope of the patent claims at issue. Frustrated with the attorneys, the court provided a stern warning:
It is the opinion of the court that in their written and oral submissions, the parties wasted time posturing to one another about ultimate issues of infringement and invalidity. As a consequence, the parties left the court to sort out difficult issues of claim construction without adequate argument or briefing.
It is important to note that many of the attorneys in this case are from large firms in Chicago and Pittsburgh. This case serves as a helpful reminder that litigation tactics that are common in other locales are often ineffective in the court that has jurisdiction over the case.
