Nimitz Fails at Its Second Federal Circuit Rehearing Petition in a Week

Nimitz Technologies’ second try at petitioning the U.S. Court of Appeals for the Federal Circuit for a panel rehearing or rehearing en banc of the Dec. 8 decision denying mandamus relief from its dispute with a district judge in Delaware was flagged for the second time in a week as being noncompliant with Federal Circuit rules (see 2212230001), said a notice Tuesday (docket 23-103). Nimitz is seeking to vacate the judge’s order for the production of bank records, emails and other documents that the company asserts contain information protected by attorney-client privilege. It blasted the Federal Circuit’s decision denying mandamus relief as “unprecedented and destructive of the venerable common law attorney client privilege.” The judge is seeking the records for his investigation into the third-party funding of four Nimitz patent infringement lawsuits.