Judges slam useless objections at AIPLA Annual Meeting

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Judges slam useless objections at AIPLA Annual Meeting

Hochberg Faith

Judges and private practice lawyers yesterday warned it hurts clients when lawyers tussle over every claim construction term and discovery request, regardless of whether they affect the outcome of the case

Hochberg Faith AIPLA

Judge Hildy Bowbeer, magistrate judge in the District of Minnesota, said lawyers instead need to think carefully and identify the issues that are central to the case. The goal is to ensure that both sides’ rights are protected while reining in the “autopilot shotgun” style of litigation that has come to characterize many patent disputes.

Judge John Koeltl, district judge for the Southern District of New Jersey, said: “It’s not uncommon for a firm to put what must be an associate on a deposition and to give the instruction to object to everything in the deposition, so you get objections to every line which read ‘401, 403, irrelevant, overly prejudicial,’” he said. “It is utterly useless.”

Retired judge Faith Hochberg, formerly a district judge in the District of New Jersey, made a similar point. Sometimes when she asks why a lawyer made a particular objection in the record, the lawyer is unable to answer. “I think it was to keep somebody awake during a deposition; if you have to speak, you can’t sleep,” she joked.

Hochberg also stressed the need for lead counsel to be involved early. In one case, when she requested draft findings of fact and conclusions of law for a short and not particularly complicated bench trial, the parties submitted 800 pages on these issues.  She issued an order for the parties to re-file after lead counsel has read and edited the original submissions and got 49 pages back. “If I hadn’t done what I did, my law clerk would have been lost in 751 pages of unnecessary reading and probably lost the important stuff that they really wanted us to know,” she said.

more from across site and SHARED ros bottom lb

More from across our site

Deals between five more law firms and President Trump and an antitrust lawsuit against Amgen were also among the top talking points this week
US counsel explain how they win new cleantech IP business and how they’re navigating the industry’s challenges
Leaders at the IP firms, which have joined forces with backing from a PE investor, share their vision of building the number one pan-European IP practice
Firms will steer clients towards other ways of getting quicker examinations, but fear the ramifications of the USPTO’s decision
Melissa Haapala added that returning to client advocacy and the chance to work on patent litigation were reasons for returning to private practice
Michelle Clark, who has a generalist litigation background, plans to focus on IP disputes at Alston & Bird
Philips and Vivo have entered into a licensing agreement, putting an end to a five-year-old telecom SEP dispute in India
Stefan Müller discusses managing deadlines, the importance of reflection, and why IP is more than just a 'nice to have'
The three founders of the IP firm’s new US offering say they plan to offer a unique proposition in a market fixated by the billable hour
The opinion provides useful guidance when it comes to how courts might consider contributory infringement, DMCA claims, and other issues in AI copyright cases
Gift this article