Dynamic 3D Geosolutions LLC v. Schlumberger Ltd.
United States Court of Appeals for the Federal Circuit
837 F.3d 1280 (2016)
After leaving Schlumberger (defendant), where she had analyzed the patentability and infringement risk of a patent later at issue, Rutherford joined an affiliate of Dynamic 3D (plaintiff), met with the patent's inventors about acquiring it, discussed the software it covered with other Dynamic 3D attorneys and outside counsel, concurred in the recommendation to acquire the patent, and was involved in retaining outside counsel to sue Schlumberger -- all without ever being screened from the matter; after Dynamic 3D acquired the patent and sued Schlumberger, the district court granted Schlumberger's motion to disqualify Rutherford and the entire legal team and dismissed the complaint.
Whether a lawyer associated with a firm can knowingly represent a client if another lawyer in the firm, practicing alone, would be prohibited from representing the client due to a conflict of interest, if the disqualified lawyer is not timely screened from any participation in the matter.