Freeman Equipment, Inc. v. Caterpillar, Inc.

MEMORANDUM OPINION AND ORDER

Elaine E. Bucklo, United States District Judge

' In this patent infringement suit, plaintiff alleges that defendant Caterpillar manufactures and sells heavy duty tractor crawlers incorporating “final drive guard assemblies” that infringe three of plaintiffs patents. Before me is defendant’s motion to disqualify plaintiffs counsel, which I deny for the following reasons.

I

Defendant asserts two bases for disqualification: first, that plaintiffs counsel, Michael Padden, spoke by telephone to William Perry, a retired Caterpillar employee, about “Caterpillar’s internal…