How NOT to Litigate Patents

The recent order by Judge Matsch has been making the news and blog rounds lately. (See here, here (now corrected), and here). ALL the reports that I have seen so far are grossly inaccurate in their reporting of the procedural posture of this case. A quick look on PACER reveals that Judge Matsch overturned the jury's verdict a couple of years ago because of the conduct of the McDermott lawyers. His decision was upheld by the Federal Circuit last year. About two weeks ago, the Judge issued the above order granting attorneys' fees to the defendants. That is, McDermott litigated in such a fast and loose manner that a) they lost the case despite a $50 million jury verdict and b) have to pay a couple of million in attorneys' fees to the other side.

This case is a professional responsibilities bonanaza. I'm keeping my eyes on the legal ethics blog for more commentary by John Steele.