In a noteworthy incident that has grabbed the attention of legal professionals globally, a lawyer handling his first patent case as lead counsel was recently sanctioned by a US Federal Court for insufficient investigation of presented claims before filing the original complaint and its succeeding amendments. Read more here.
The judge for the case, Mary S. Scriven, passed her judgement in the US District Court for the Middle District of Florida. She granted the defendant’s motions for summary judgment and sanctions on the basis that “no reasonable investigation or due diligence was undertaken in this case” before Peter Ticktin, the supervising attorney, directed that patent claims be pursued.
The key observations of the court were the following:
- The claim analysis was not performed adequately before filing the amended complaints.
- The lawyer asserted that he could interpret the patents and was confident they were infringed.
These problematic procedures led the court to conclude that none of the explanations provided by attorney Ticktin satisfied the standards of the law. While this incident warns new and seasoned lawyers alike of the dire consequences of neglecting thorough due diligence and adequate investigation, it also underscores the importance of adhering to all the required legal standards and processes.