Involved in Contentious IP Litigation? Check Out This Cluster #$%@#
Though the headline -- Cybersex Patent Case Leads to Bad Vibes Between Firm, Client -- may draw you in, it's the hyper-compounded conflicts of this litigation that will make your eyes roll. You don't even need to understand who's who or what's what to get a good taste of the procedural nightmare playing out here:
Calling the heated struggle with Piccionelli a conflict of interest that threatened the firm's loyalty to Internet Services, Keker filed a motion to withdraw from the case, saying it could no longer represent Internet Services under State Bar Rule 3-700(b), which addresses mandatory withdrawal. The Keker lawyers also argued that there had been a breakdown of the attorney-client relationship with Internet Services.
The company protested vehemently, hiring Timothy Dillon of San Diego's Dillon & Gerardi to handle the battle with Keker. Internet Services argued that there was neither a breakdown nor a real conflict of interest with Piccionelli. They accused Keker of trying to get off the case because it wasn't getting paid as expected.
Internet Services President Layne Britton suggests in a declaration that Keker had been hoping for some kind of contingency fee, and in a heavily redacted section about the firm's retainer agreement, Britton says the dismissal of all of Internet Services' claims left "no possibility that [Internet Services] will have a 'recovery' in this case."
The company's opposition to Keker's second motion to withdraw -- Judge Wilken denied the first -- was titled "[Keker's] Alleged Conflicts of Interest Are a Pretext For Its Inability to Receive Fees."
Keker prevailed in late June, when Wilken let the firm off the case. Citing Rule 3-700(b) in her brief order, she wrote that "a conflict of interest has arisen that requires" Keker to withdraw from Internet Services LLC v. Immersion Corp., 06-02009.
MOVING ON
Internet Services has a new law firm, Los Angeles' Spillane Shaeffer Aronoff Bandlow, ironing out remaining counterclaims by Immersion.
Outside the courtroom, no one seems to want to talk about the fractious teledildonics case. The new lawyers declined to comment, as did Internet Services' Britton and attorney Piccionelli. Keker's Durie did not return phone calls seeking comment and Kamber declined to comment.
Lemley wouldn't discuss the dispute with the client, but he said he thinks the courts got the patent and contract issue wrong. He also said he doesn't regret having taken it to start with, even if the subject matter may seem less refined than the Keker firm is used to.
"My view is, those sorts of patent issues are sort of interesting issues no matter who raises them," Lemley said.
Interesting? This is one of those reports that would make any lawyer ask "What About the Clients?"
