David Kluft

#LegalEthics Tidbit: Can a patent lawyer disguise himself as a customer and order an infringing product to establish personal jurisdiction over an infringer?

A WI patent lawyer representing a plaintiff purchased defendant’s product and then submitted a warranty claim falsely stating that a part was missing and requesting a replacement, thus causing the allegedly infringing part to be shipped into the jurisdiction where the lawyer wanted to file ... (cont.)

https://lnkd.in/eA5WagZg
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Apr 2 at 12:54pmWeb
Show threadDavid Kluft2d ago
... suit. The lawyer then filed a complaint using the replacement part shipment to establish jurisdiction. The Court held that “litigants may not fraudulently create jurisdiction,” and distinguished the conduct from cases in which law firms used private investigators to gather non-jurisdictional substantive evidence of ongoing violations. The court concluded the attorney’s ... (cont.)
Show threadDavid Kluft2d ago
... conduct violated Rules 8.4(c) (deceptive conduct) and other rules, and that terminating sanctions were appropriate. However, the Court also dismissed the case on the merits so the sanctions were denied as moot.