Judges slam useless objections at AIPLA Annual Meeting

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Managing IP will host a ceremony in London on May 1 to reveal the winners
Abigail Wise shares her unusual pathway into the profession, from failing A-levels to becoming Lewis Silkin’s first female IP partner
There are some impressive AI tools available for trademark lawyers, but law firm leaders say humans can still outthink the bots
Lawyers at Simmons & Simmons look ahead to a UK Supreme Court hearing in which the court will consider whether English courts can determine FRAND terms when the licence is offered by an intermediary rather than an SEP owner
Firm says appointment of Jeremy Drew from RPC will help create ‘unrivalled IP powerhouse’, as it looks to shore up IP offering ahead of merger
Law firms are expanding their ITC practices to account for the venue’s growing popularity, and some are seeing an opportunity to collaborate with M&A teams
Erise IP has added a seven-practitioner trademark team from Hovey Williams, signalling its intention to help clients at all stages of development
News of prison sentences for ex-Samsung executives for trade secrets violation and an opposition filed by Taylor Swift were also among the top talking points
A multijurisdictional claim filed by InterDigital and a new spin-off firm in Germany were also among the top talking points
Duarte Lima, MD of Spruson & Ferguson’s Asia practice, says practitioners must adapt to process changes within IP systems, as well as be mindful of the implications of tech on their practices
Gift this article