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

The opinion provides useful guidance when it comes to how courts might consider contributory infringement, DMCA claims, and other issues in AI copyright cases
Ericsson joining Avanci Video as a licensor and the EUIPO's plans for AI use were also among the top talking points this week
The 2025 EMEA ceremony, held at the Royal Lancaster Hotel in London, also recognised in-house practitioners and rising stars
Leaders at Malaysian law firm Skrine explain why cost remains a major pain point for Malaysian businesses and how client service can help a firm stand out
Wendy Heilbut of Heilbut LLP explains some of the hidden risks of using AI to help create a new brand
The law firms that signed an amicus brief in support of others under attack must be lauded, but more large firms should join them
Lisa Kobialka, partner at Kramer Levin, believes the combination will better position the group to work on multi-jurisdictional disputes
Senior members of Dentons Link Legal discuss how the firm’s integration with IP boutique Aumirah, and being part of the wider Dentons group, will help scale the firm’s IP practice
The court announcing it will follow the EPO on inventive step, a case with a Chinese element, and three big settlements were among the top talking points this fortnight
US firms have been on top of the lateral hiring market and performed strongly in Managing IP's Americas Awards and the IP STARS rankings, a trend that could continue this year
Gift this article