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

Cookies Settings

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

Patent and trademark practitioners say arrival of barrister will help maintain the UK's reputation as a leading forum for complex IP disputes
Qantm CEO speaks to Managing IP about the business's first deal since it was acquired by a private equity firm and explains why top-tier Malaysian firm Henry Goh & Co was the group's ‘plan A, B and C’
György Pintz, founder of Pintz & Partners, talks through the challenges of founding a firm and explains why lawyers and table tennis players have more in common than you might expect
Kate Nuehring Su, partner at Marshall, Gerstein & Borun, explores a successful PTAB appeal and why the Federal Circuit reached an opposite outcome on the same doctrine
From BTS to Squid Game and kimchi to memory chips, the Korean wave is reverberating around the world and IP work is also seeing a boom, say two Yoon & Yang partners
Managing IP will host a ceremony in Kuala Lumpur on November 5 to reveal the winners
Recent lateral moves raise a bigger question for full-service firms – can patent litigation remain a strategic priority when competing practices generate larger profits?
As counterfeiters grow increasingly sophisticated, Gibson Dunn is differentiating its trademark practice through a focus on payment tracing, judgment enforcement and asset recovery
Anita Polott, who is celebrating three decades at Morgan Lewis this year, reflects on career progression, stepping into unfamiliar territory, and leadership frameworks
Technical excellence remains essential, but many firms are discovering that packaging IP with complementary practice areas can unlock new clients and a stronger competitive position
Gift this article