June 9(Reuters) – Satellite communications company Viasat has asked a federal choose to disqualify Western Digital’s direct legal professional and her new regulation agency in a Texas patent case amongst the businesses, arguing that the agency is ethically conflicted mainly because it presently represents Viasat in linked litigation.
In a court docket submitting made general public on Thursday, Viasat stated the conflict arose when Western Digital’s lawyer Kieran Kieckhefer remaining her previous regulation agency Shearman & Sterling to be a part of Gibson, Dunn & Crutcher in a go introduced on Monday.
Carlsbad, California-based mostly Viasat sued Western Digital in 2021, alleging its facts-storage equipment infringe patents similar to error-correction engineering.
Viasat stated in its disqualification motion that it has been a Gibson Dunn consumer due to the fact 2017 and that the company signifies it in a further lawful dispute about the same engineering.
“Both by itself is ample justification to disqualify Gibson Dunn,” Viasat mentioned. “With each other, the conflict — and pitfalls that Viasat information and facts is improperly made use of from Viasat — is too much to handle.”
Kieckhefer and associates for the law corporations and providers did not promptly answer to requests for remark on Friday.
Viasat reported Gibson Dunn signifies it in a separate lawsuit towards Acacia Communications about linked error-correction engineering. Viasat gained a $49.3 million jury verdict in that scenario in 2019. It reported in the Thursday submitting that a California condition court docket awarded it virtually $100 million more very last thirty day period.
According to Viasat, Gibson Dunn acquired confidential details in the Acacia circumstance that is appropriate to the Western Digital circumstance, and equally circumstances relate to the worth of Acacia’s patent license.
Gibson Dunn will argue on behalf of Western Electronic to “diminish the Acacia license on which it provided extensive legal suggestions” to Viasat, Viasat claimed.
Viasat also claimed it has been a Gibson Dunn shopper considering the fact that 2017 and that the agency also signifies it in trade and administrative regulation issues.
Viasat’s movement mentioned Gibson Dunn rejected its proposal for an “moral wall” blocking lawyers with conflicts from the Acacia scenario.
The scenario is Viasat Inc v. Western Electronic Corp, U.S. District Courtroom for the Western District of Texas, No. 6:21-cv-01230.
For Viasat: Scott McBride of Bartlit Beck
For Western Digital: Kieran Kieckhefer of Gibson, Dunn & Crutcher
Go through extra:
Viasat sues Western Digital, Kioxia more than facts-storage patents
Shearman & Sterling IP associate leaves firm for Gibson Dunn
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