Judge Denies Subpoena Of Patent Counsel

Law360, New York (July 24, 2004, 12:00 AM EDT) -- A New York judge has rejected an attempt to depose the plaintiff's litigation counsel, even though the attorney prosecuted the patents at issue in the lawsuit.

U.S. Judge Robert W. Sweet denied a subpoena aimed at attorney Jeffrey I. Kaplan in ResQNet.com’s lawsuit against Lansa Inc. over software patents.

Lansa’s attorneys had sought to depose Kaplan on the prosecution of the patents, his communications with the U.S. Patent and Trademark Office, prior art on the software and draft patent applications.

ResQNet.com sued Lansa in 2001 over...
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