UCP International Co. v. Balsam Brands Inc.

ORDER GRANTING MOTION TO DISQUALIFY NEWLY-ADDED COUNSEL

INTRODUCTION

After two years of litigation over two patents and the extent to which they cover artificial Christmas trees, the patent owners retained, as additional litigation counsel, the former law firm of the then-presiding judge, who was already immersed in the case. The judge then recused himself, as he had done four times in four separate cases in recent years after appearances by his former firm. Following his recusal, this action was reassigned and the accused in-fringer moved to disqualify the former law firm. This order now disqualifies the former law firm. A notice will be filed to invite the originally-assigned judge to relate the action back under our local rules, so that he may resume presiding over the case.

STATEMENT

This patent infringement dispute involves artificial Christmas trees and has provoked two back-to-back civil actions in our district court, both assigned to the Honorable William Orriek, III. The first was Balsam Brands Inc. v. Cinmar, LLC, No. C-15-04829-WHO, filed by patent owners Balsam Brands Inc., Balsam International Limited, and Balsam International Unlimited Company (collectively,…