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Judge wants answers in patent case

U.S. District Judge Leonie Brinkema is not letting a frequent filer patent company leave the courthouse quietly in its lawsuit against the national law firm Foley & Lardner.

Brinkema has set a hearing for Friday, Oct. 9, for SPH America to show cause why its lawsuit should not be dismissed with prejudice with costs awarded to Foley as a prevailing party.

The judge’s order notes SPH has filed six complaints without winning any relief, “strongly suggesting that the plaintiff does not have the intention or ability to pursue the merits of its claims.”  The judge also wrote that “[v]igorous arguments of judge shopping” were raised in one of the cases.

SPH made a splash in August when it sued the Foley firm for allegedly revealing confidential patent information as part of Foley’s representation of Japanese electronics giant Kyocera.

Brinkema’s order was prompted by SPH’s motion to voluntarily dismiss the lawsuit after the judge denied its motion to seal the record.

SPH is represented by Kevin Mun of the Vienna office of the Echelon Law Group.

By Peter Vieth


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