06/15/2006
Law Firms Disqualified for Inducing Consultant to Violate Duties of Loyalty and Confidentiality to Former Client
Patriot Scientific v. Moore, 2006 WL 994747 (C.A. Fed. 2006) not presently citable as precedent

Brief Summary

Two law firms suing a co-holder of a patent retained as a consultant an attorney who previously represented the defendant co-holder of the patent without securing the defendant’s consent. The defendants filed a motion to disqualify the firms on the ground that they induced the consultant to breach his professional obligations to the former client. The trial court agreed. The law firms were disqualified and the underlying case then settled. On appeal, the United States Court of Appeals for the Federal Circuit held that the firms had standing to appeal but nonetheless affirmed the lower court’s order disqualifying the firms.
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