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   representation on patent complaint
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   Author  Topic: representation on patent complaint  (Read 1611 times)
helensu
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Posts: 17
Re: representation on patent complaint
« Reply #5 on: Mar 12th, 2005, 1:16pm »
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on Mar 8th, 2005, 8:04pm, davidlaw69 wrote:

In house counsel can certainly act as counsel assuming that such in-house counsel has been admitted to the federal court (which usually requires membership in the bar of the relevant state).

 
Let's say the in-house counsel is admitted to practice in X state, while the patent litigation is in a district court sitting in Y state. Can the in-house counsel appear in Y state by filing "pro hac vice"?
 
Only a law firm, not an individual should be named as a corp's litigation representative. Right? If so, how can in-house counsel represent its company without retaining an outside firm in a patent litigation.  
 
Sorry, I am a bit confused now. >_<
 
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davidlaw69
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Re: representation on patent complaint
« Reply #6 on: Mar 13th, 2005, 11:20am »
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The in-house counsel cannot appear pro hac vice by himself (or herself).  He (or she) must be associated with a lawyer who is a member of the bar of the court in which the litigation is pendng (the "local counsel").  The rules of each court set forth what the obligations of local counsel are -- usually they must review and sign all papers filed with the court (the signature of the out-of-state lawyer, even though in charge of the case, is irrelevant), and must attend all court hearings with the pro hac attorney, unless special permission is granted by the court.  In short, it is highly unlikely that you'll be able to avoid the expense of paying for the local counsel.
 
You might, however, try to get the case transferred to your location.
 
David L. Finger www.delawgroup.com
« Last Edit: Mar 13th, 2005, 11:21am by davidlaw69 » IP Logged
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