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 ros bottom lb

More from across our site

Partners at Latham & Watkins and Finnegan reveal how they helped explain their client’s technology to a jury
One of Managing IP’s most influential people in IP for 2024, Hurtado Rivas discusses mental health in the profession, the changing role of a trademark lawyer, and what keeps a Nestlé IP counsel busy
Transactions specialist Mathilda Davidson, who has joined from Gowling WLG, says the firm will help clients seeking venture capital investment
Sources in the US, UK, and Australia hope that pressing questions surrounding AI and patent eligibility will finally be answered this year
Two partners who joined Brown Rudnick last year explain how their new firm’s venture capital experience is helping them accomplish their goals
Michael Gaertner explains why Locke Lord’s merger with Troutman Pepper sparked the need to seek a new home and why Buchanan Ingersoll & Rooney ticked the right boxes
The appointment makes good on the firm’s promise to boost its UPC expertise
Mathilda Davidson, a transactional IP partner, joined the firm from Gowling WLG today, January 6
A significant SEP win for Huawei and a tobacco trademark victory for law firm Venable were among the big talking points this week
Emily O’Neill, BAT's new head of patents, considers why the first 90 days in a new role are crucial for establishing credibility and understanding your organisation’s culture and objectives
Gift this article