Through the blogosphere, email forwards, and my occasional review of opinions coming out of the Federal Circuit, and I discovered, and promptly inundated myself with, record documents and punditry regarding the most salacious case to come out of the Fed Circus in recent memory. I am referring, of course, to the $9mil atty fee award for the vexatious litigation of O2 Micro v. MPS.
Reading the opinion itself was very disappointing, but in ways not too surprising knowing my old Judge. I’m seeing some factual details, which is good, but also seeing a lot of case citations and discussions of legal standards, blah blah blah logic and analysis, and NO MENTION of the ONE piece of information that I, and the rest of the world, ACTUALLY want to know. WHO WAS IT!? I want names!
This case has special meaning to me as well, because as most of you don’t recall, I was rivals with O2 Micro not too long ago, and lost my appeal of one of the most ridiculous infringement findings in patent history. Not that I’m biter, but obviously they CHEATED somehow because it is the only possible explanation, and I need to know if it was the same team.
But Judge Prost with all her dignity and professionalism is now going to force me and half the petty spiteful IP litigation community to actually go look up who the trial attorneys were; single-handedly costing society 6 minutes at $7.8 million/hr which we will all bill as .5 to some poor client for “review of recently issued Federal Circuit case with potential implication for trial strategy.” With another .5 for “discussion and correspondence re same” if it’s someone we know and hate.
But it was totally worth it. Because it was all the same people I knew too well. I’ll save you some time and your clients some $$$. Here is them defending themselves before the district court and failing: http://amlawdaily.typepad.com/o2monolithicvexreply.pdf.
So anyway, poker. Bring your best gossip to [———-] at 8pm, so that we may continue to delight in the comuppances of others only slightly more sinister than ourselves. RSVP so we can choose our gossip wisely, and you should probably make a special effort to show up because we might start rumors about you in your absence… Bring booze, maybe some snacks, in order to buy our loyalty.