Counsel withstands disqualification attempt
Talecris Biotherapeutics, Inc. v. Baxter International, Inc., et al., No. 05-349-GMS, June 14, 2007.
SLEET, J. Plaintiff's motion to disqualify Baxter's counsel was denied despite involvement in prior litigation as a third year associate.
Plaintiff moved to disqualify Baxter's counsel, Susan M. Spaeth of Townsend and Townsend and Crew LLP. Fourteen years previously Townsend represented a non-party to the present litigation regarding a patent (the Tenold patent) not at issue in this litigation. The technology involves methods of treating a solution of antibodies to make an intravenously injectable immunoglobulin G solution and Baxter raises a defense that the patent in suit is invalid as obvious in view of the Tenold patent.
Plaintiff Talecris is the exclusive licensee of the patent in suit. From June 1, 1992 to January 15, 1993 Townsend represented the parent of Bayer Healthcare against Alpha Therapeutic Corporation in a patent infringement dispute over the Tenold patent. Baxter cross claimed in the current litigation against both Talecris and Bayer Healthcare. The Court notes that there is no doubt that the two litigations overlap to some degree. However, it could not be reasonably inferred that Baxter's reliance on the Tenold patent is a result of Spaeth's involvement in the prior litigation. The substantive relationship between the two litigations was tenuous and denied the motion to disqualify. The Court did note that the prudent course of action would have been for Spaeth to request a waiver upon identifying Bayer as a potentially adverse party.
A copy of the full opinion is available here.
