Counsel's Prior Representation of Defendant With Respect to IPO Due Diligence Did Not Warrant Disqualification

Defendant's emergency motion to disqualify plaintiff's counsel was denied despite plaintiff's counsel's work on defendant's IPO. "The [defendant's] IPO matter involved due diligence tasks necessary to ensure proper disclosure to the [SEC] and the public, while this litigation involves the alleged infringement of the patents-in-suit. The matters are factually and legally different. This is further supported by the fact that [plaintiff's counsel] has not reviewed the patents-in-suit, pleadings, or any litigation related material, nor was he required to do so in order to perform his due diligence duties in the [defendant's] IPO matter."

Soverain Software LLC v. CDW Corporation et al., 6-07-cv-00511 (TXED March 18, 2010, Memorandum Opinion & Order) (Davis, J.)