IP Lawyer Sued For Copying Appeals Court Filing

New Jersey IP lawyer Ezra Sutton won a patent troll case on behalf of his client, Sakar International, alongside lawyers from tech retailer Newegg. But when both parties appealed a denial of fee requests, Sutton opted to file separately. Then he asked to see a draft of the filing Newegg had prepared, and wound up submitting a filing that was largely copied from that draft. “That is when Sutton discovered that Newegg – which is known as a warrior against what it considers unwarranted patent claims – is just as tough on its erstwhile allies as it is on its sworn enemies,” writes Reuters. In February 2015, Newegg sued Sutton for copyright infringement, and this week U.S. District Judge Terry Hatter ruled that Sutton’s copying was not fair use. Damages are to be determined at a trial in December.