Columbia University is endeavoring to introduce new testimony to a Federal Circuit appellate record in a high-stakes legal battle involving nearly $300 million in sanctions tied to a contempt ruling against lawyers from Quinn Emanuel Urquhart & Sullivan LLP. The case revolves around Quinn Emanuel representing Gen Digital Inc., previously known as NortonLifeLock, in a suit brought by Columbia in 2013 for infringement of its patented computer security technology.
In 2022, a jury held that Norton owed Columbia $185 million for violating two of the university’s patents. Subsequently, a federal district judge in Virginia augmented the award by $296 million, citing that Norton’s legal team had obscured access to crucial testimony from French computer scientist Marc Dacier, who once worked for the company. The judge deemed Dacier’s testimony potentially damaging to Norton.
Quinn Emanuel has countered, contending that it could not disclose information acquired from Dacier due to its dual representation of him. The firm characterized the district judge’s sanctions and conflict-of-interest analysis as fundamentally flawed and lacking in procedural protections, as articulated in an opening brief penned by prominent appellate litigator Paul Clement.
On Tuesday, Columbia formally requested that the Federal Circuit incorporate a new sworn statement from Dacier, who refuted Quinn Emanuel’s assertions about their attorney-client relationship. Columbia’s filing, which includes this fresh testimony, suggests that it undermines Quinn’s claims central to its appeal. Quinn Emanuel, along with Norton, has opposed this motion.
Columbia’s motion highlights the necessity of introducing this new information due to the extraordinary nature of the case. The university’s legal representation, Sullivan & Cromwell LLP, consulted an ethics lawyer before proceeding. Columbia’s motion describes Quinn Emanuel’s actions as misconduct, alleging that Dacier was coerced into an unwanted attorney-client relationship under false pretenses.
The case, Trs. of Columbia Univ. v. Gen Digital Inc., is being closely watched by the legal community, and involves notable law firms such as Latham & Watkins for Norton, and Clement & Murphy for Quinn Emanuel.