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San Francisco-Once-renowned California patent attorney Michael Rostoker, convicted last year of traveling to Vietnam to have sex with a 13-year-old girl, apparently hasn’t given up faith in the judicial system. Rostoker, who was sentenced to 15 months in prison in October 2002, has sued attorneys Thomas Nolan Jr. and Edward Swanson in Santa Clara County, Calif., Superior Court for alleged legal malpractice, intentional infliction of emotional distress and a host of other claims. The suit, filed in the spring, has hit a snag. Judge Socrates Manoukian has stayed the case until Rostoker finishes his criminal appeal because the former patent attorney can only keep some of his claims alive if he proves he’s innocent. Rostoker alleges that Nolan estimated the case would cost between $200,000 and $300,000, but at the end of the month-long trial billed Rostoker more than $1.5 million. Rostoker, represented by attorney Jeffrey Boyle of Santa Barbara, Calif., alleges that Nolan paid his son, Shawn Nolan, $3,500 to do expert photo analysis for the case but never had him testify. He also accuses Nolan of charging him for a trip to Asia that was intended for investigative purposes but instead was used as a vacation with his wife. Neither Nolan’s attorney, Margaret Schneck of San Jose, Calif.’s Robinson & Wood, nor Swanson’s attorney, Katherine Hansen of Gordon & Rees in San Francisco, returned calls seeking comment. Rostoker has agreed to drop a suit against his former assistant, Tanya Allred, in Santa Cruz County Superior Court, alleging trespass and emotional distress. Allred called the police after discovering a birth certificate in Rostoker’s home office that indicated the Vietnamese girl was 13 years old.

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