LITIGATION FIRM DISQUALIFIED FROM PURSUING CLAIM AGAINST PROSECTING FIRM BECAUSE OF STANDARDS OF ATTORNEY LOYALTY

Touchcom, Inc. v. Bereskin & Parr, [2008-1229] (October 6, 2008) [MAYER, Lourie, Dyk] NON-PRECEDENTIAL The Federal Circuit granted Bereskin & Parr’s motion to disqualify Touchcoms’ counsel in an appeal of a dismissal of malpractice action.
DISCUSSION: Wildman, Harrold, represented Touchcom, Inc. in an unsuccessful patent infringement action based upon a patent that Bereskin & Parr obtained for Touchcom, which resulted in the patent being declared invalid for indefiniteness. Wildman Harrold defended the deposition of Bereskin & Parr, and based upon that action, Berseskin moved to disqualify them from representing Touchcom. Based primarily on appearances, the Federal Circuit granted the motion.