Last month, we wrote about the Mavexar-related witness who spent about $44,400 and counting just to avoid a trip to Delaware. Our post was prompted by the Federal Circuit affirming Judge Connolly's order imposing sanctions for her failure to appear in-person (even though, oddly, she agreed to appear remotely) for questioning by the Court related to potential misbehavior by her LLC, its attorneys, and Mavexar/IP Edge.
Well, yesterday the Court set a new hearing date, once again ordering the witness to appear for an in-person examination by the Court:
At Wilmington on this Twenty-third day of August in 2024, having received the Federal Circuit's August 22, 2024 Mandate in Case Nos. 2023-2367, 20232368, 2024-1016, 2024-1017, it is HEREBY ORDERED that [the witness] shall appear in person for a hearing at 9:00 a.m. in Courtroom 4B on September 18, 2024 to address potential fraud on the Court involving Backertop, potential misconduct by Backertop's counsel, and Backertop's document production made in response to the Court's March 31, 2023 Memorandum Order.
Backertop Licensing LLC v. Canary Connect, Inc., C.A. No. 22-572-CFC (D. Del. Aug. 23, 2024).
The Court also directed the witness to be prepared to pay her sanction for failure to appear in-person which, by the time of the hearing, will total $53,000:
It is FURTHER ORDERED that on September 18, 2024, [the witness] shall be prepared to pay the contempt sanction imposed by the Court effective August 23, 2023 . . . . As of September 18, 2024, 265 days that were neither court holidays nor weekends will have elapsed since August 23, 2023. Accordingly, the total contempt sanction will be $53,000.
This should be an interesting hearing to attend if you happen to have a couple free hours on September 18, assuming the witness appears. No word on whether the Court will allow popcorn.
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