Court Rejects Apple’s Bid to Disqualify Hagens Berman in Flatworld Patent Case

SEATTLE – U.S. District Court Judge William H. Orrick has rejected Apple’s (NASDAQ: AAPL) attempt to disqualify intellectual property law firm Hagens Berman Sobol Shapiro LLP from representing Flatworld Interactives, LLC in a patent lawsuit alleging that Apple’s devices infringe patents relating to touchscreens.

Apple leveled a series of accusations again Hagens Berman, including a charge that an attorney working for a firm employed by Apple passed confidential information to Hagens Berman attorneys. The company and its attorneys asked the judge to disqualify Hagens Berman from representing Flatworld in its lawsuit due to an alleged conflict of interest.

In his ruling, handed down Aug. 7, 2013, Judge Orrick Apple’s dismissed this claim – among others – concluding that Hagens Berman did not receive confidential information from McAleese that enabled it to gain an advantage in the litigation.

“Apple concocted a witch’s brew of allegations, comprised of half-truths, conjecture and leaps of dubious logic,” said Steve Berman, managing partner of Hagens Berman. “We are grateful that Judge Orrick saw the claims for what they were and dismissed them.”

Berman noted that his firm will seek a Rule 11 sanction, which allows a court to punish attorneys who submit pleadings that contain frivolous arguments.

“We told Apple that the claims were without merit, illustrated that to them in our pleading and told them if they persisted, we would seek sanctions, and that is what intend to do,” Berman said.

Berman also noted that since the ruling, Apple has hired another firm to join its already large legal team in defending the claim. “We have gone toe-to-toe with Apple and bested them at each turn,” he said. “We don’t believe that adding a hundred additional attorneys will make a whit of difference; the facts of the case will carry the day.”

Apple’s motion came just before a crucial Markman hearing, in which the terms in the patent would be construed by the judge.

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About Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with offices in ten cities. The firm has been named to the National Law Journal’s Plaintiffs’ Hot List eight times. More about the law firm and its successes can be found at www.hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.

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