A judge has sanctioned Apple Inc. for the conduct of one of its lawyers in a high-stakes patent case in Tyler.
In an 11-page order in VirnetX Inc. v. Cisco Systems Inc., et al., handed down Aug. 8, Chief U.S. District Judge Leonard Davis of the Eastern District of Texas granted a motion for sanctions requested by VirnetX Inc. and its lawyers at McKool Smith. Davis found that an unnamed Apple lawyer improperly terminated a crucial deposition of an Apple engineer during a pivotal moment of questioning. The judge ordered Apple to pay VirnetX’s attorney fees and costs associated with filing the sanctions motion. The judge also wrote that if Apple doesn’t make the engineer available for a follow-up deposition, he will instruct jurors that they can infer that Apple tried to block them from hearing damaging evidence. Davis’ order doesn’t identify the Apple lawyer who handled the deposition, and the related briefs are under seal.
