Baldwin Hardware Corp. v. Franksu Enterprise Corp.

78 F.3d 550, 1996 WL 91664
CourtCourt of Appeals for the Federal Circuit
DecidedMarch 4, 1996
DocketNos. 93-1185, 93-1186
StatusPublished
Cited by21 cases

This text of 78 F.3d 550 (Baldwin Hardware Corp. v. Franksu Enterprise Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baldwin Hardware Corp. v. Franksu Enterprise Corp., 78 F.3d 550, 1996 WL 91664 (Fed. Cir. 1996).

Opinion

PLAGER, Circuit Judge.

Klayman & Associates, P.C., a law firm (“K & A”), challenges sanctions imposed on the firm by the trial court for failure to comply with local rules and for “unreasonably and vexatiously multiplying the proceedings,” during K & A’s defense in design patent and trademark infringement litigation brought by Baldwin Hardware Corporation (“Baldwin”) against FrankSu Enterprise Corporation, Mr. Frank Su, and Decorators Accessories Ltd. (“Decorax”). Larry Klayman, K & A’s lead counsel in the litigation, appeals from the trial court’s order permanently prohibiting Mr. Klayman from appearing pro hoc vice before the trial judge, William D. Keller, in any future litigation. K & A and Mr. Klayman (collectively “Appellants”) argue that the orders are invalid because the trial judge failed to recuse himself from the case despite a financial conflict of interest and apparent bias against appellants and their clients; and that in any event, counsel’s conduct did not merit sanctions. Baldwin, which secured a finding of willful infringement below, cross-appeals, seeking full attorney fees for that action and costs and attorney fees for this appeal, which it contends is frivolous.1 After careful consideration of the record and materials submitted by the parties, we affirm the trial court’s award of monetary sanctions against appellants, deny further attorney fees to Baldwin, and award Baldwin costs for this appeal. We also affirm Judge Keller’s order permanently prohibiting Mr. Klayman from appearing before him pro hoc vice in the future.

BACKGROUND

This regrettable appeal has its origins in design patent and trademark infringement litigation brought by Baldwin, an American manufacturer of bathroom and door hardware, against FrankSu Enterprise Corporation, a Taiwanese competitor, along with Mr. Frank Su, Franksu’s owner, and Decorators Accessories Ltd., a Franksu distributor. Judge William D. Keller of the Central District of California presided over a seven-week trial and the motions practice preceding trial.

Pretrial proceedings, particularly discovery proceedings, in this matter were marked by appellants’ delays in complying, or failure to comply, with the court’s rules and orders. On December 9, 1991, Judge Keller assessed against K & A attorney fees and costs incurred by Baldwin in responding to appellants’ ex parte application for an extension of time to oppose Baldwin’s summary judgment motion, and for a continuance of the hearing date on the motion. Judge Keller found that K & A filed its application for an extension three days after the opposition due date, and that the only proffered reasons for lateness, extensive business travel and the errors of an associate at the firm, were insufficient.

Early in the trial, conducted in 1992, reference was made to Baldwin’s parent company, Masco. The next day Judge Keller informed the parties that at the time Baldwin filed its complaint in September 1990, the judge’s mother had owned shares in Masco as part of a trust fund naming Judge Keller as the beneficiary. The trust sold the shares in November 1990, before the judge had become involved in any way in the case. Because the shares had been sold well before Judge Keller became involved in the ease or [555]*555knew that Masco was related to one of the parties before him, and given the amount of time he had spent on the case to date, the judge concluded that he was not required to recuse himself. Both parties expressly agreed with this conclusion.

During the course of the trial, however, appellants requested that Judge Keller recuse himself under 28 U.S.C. § 455 (1994).2 Appellants cited the following grounds for the motion: (1) that Judge Keller had “prejudged” the case; and (2) that Judge Keller “at some point in [the] case” had a prospective financial interest in Baldwin’s parent company, Masco. Judge Keller denied the motion after addressing each of the instances of alleged prejudgment raised by appellants. He also addressed the Masco issue for a second time and concluded that the circumstances did not warrant recusal.

Over the course of the trial, Judge Keller admonished Mr. Klayman several times concerning his conduct of the proceedings: for example, failing to provide advanced written notice of the prior art appellants intended to use during trial, as required by 35 U.S.C. § 282; failing to have Mr. Frank Su appear in court on the appointed day after the trial court had granted an extension of time to allow for Mr. Su’s travel from Taiwan and preparation by counsel; and lodging a late request for a jury trial on the patent issues in the case after admittedly waiving a jury trial for such issues at a pretrial status conference. Additionally, Judge Keller expressed increasing frustration with Mr. Klayman’s practice of continuing to speak after the trial judge requested silence.

Following the close of trial, Judge Keller sua sponte ordered Mr. Klayman permanently and prospectively barred from appearing before Judge Keller pro hac vice in any future litigation. Judge Keller cited several actions by Mr. Klayman during the trial as grounds for the order. Additionally, Judge Keller sanctioned K & A under 28 U.S.C. § 1927 for “unreasonably and vexatiously multiplying the proceedings” and awarded Baldwin attorney fees and expenses incurred with respect to various aspects of the trial. Judge Keller incorporated the sanctions orders into his final judgment in the case.

Appellants appeal the monetary sanctions and pro hac vice order. Baldwin cross-appeals for full attorney fees and costs incurred in the proceedings below and in this appeal.

DISCUSSION

We have jurisdiction over this matter under 28 U.S.C. § 1295(a)(1), which provides for exclusive Federal Circuit jurisdiction over “an appeal from a final decision of a district court ... if the jurisdiction of that court was based, in whole or in part, on section 1338 of this title [providing district courts original exclusive jurisdiction in patent cases, and original jurisdiction in trademark cases]”.

I

Appellants argue first that the sanctions orders and the pro hac vice order are invalid because they were entered by a judge who was required to recuse himself under 28 U.S.C. § 455, which provides in pertinent part:

(a) Any ... judge ... of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.
(b) He shall also disqualify himself in the following circumstances: (1) Where he has a personal bias or prejudice concerning a party____ (4) He knows that he, individually or as a fiduciary ... has a financial interest in the subject matter in controversy or in a party to the proceeding____

28 U.S.C. § 455(a), (b)(1), (b)(4).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Standard
District of Columbia, 2024
Siegel v. Dignity Health
D. Arizona, 2020
In re Sanders
540 B.R. 911 (S.D. Florida, 2015)
Kristopher Plante v. Daniel Stack v. Bella Restaurant
109 A.3d 846 (Supreme Court of Rhode Island, 2015)
Sheller v. Superior Court
71 Cal. Rptr. 3d 207 (California Court of Appeal, 2008)
United States v. Evans
262 F. Supp. 2d 1292 (D. Utah, 2003)
In re Solex Robotics, Inc.
56 F. App'x 490 (Federal Circuit, 2003)
Dacosta v. NOVARTIS AG, NOVARTIS PHARMACEUTICALS CORP.
242 F. Supp. 2d 765 (D. Oregon, 2002)
Save Domestic Oil, Inc. v. United States
193 F. Supp. 2d 1372 (Court of International Trade, 2002)
United States v. William K. Smith
210 F.3d 760 (Seventh Circuit, 2000)
Transclean Corp. v. Bridgewood Services, Inc.
77 F. Supp. 2d 1045 (D. Minnesota, 1999)
Bank of Hawaii v. Kunimoto
984 P.2d 1198 (Hawaii Supreme Court, 1999)
Key Pharmaceuticals, Inc. v. Mylan Laboratories Inc.
24 F. Supp. 2d 480 (W.D. Pennsylvania, 1998)
In Re Don Applegate and Gayle Applegate
99 F.3d 1158 (Federal Circuit, 1996)
Perpich v. Cleveland Cliffs Iron Co.
927 F. Supp. 226 (E.D. Michigan, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
78 F.3d 550, 1996 WL 91664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baldwin-hardware-corp-v-franksu-enterprise-corp-cafc-1996.