Before getting to the jurisdictional question, an observation about Bitmain's briefs is required. Overall, the briefs filed by Bitmain's counsel, O'Melveny & Myers LLP, fell below the standards of professionalism and quality expected of every litigant and counsel in this District. The many instances of this will be called out in the ensuing discussion, but the Court notes at the start that it has serious concerns about O'Melveny & Myers’ repeated citations to overruled cases, and legal tests that were expressly disapproved well before it filed its brief. These practices are not consonant with O'Melveny & Myers’ duty of candor, and they unduly burdened the Court and opposing counsel with frivolous arguments. Bitmain and its attorneys are advised that future conduct along these lines will be sanctioned, including but not limited to monetary sanctions, defense or evidence preclusion, and professional conduct sanctions. There is no room in our busy and resource-constrained federal courts for parties and lawyers who do not play by the rules and fight fairly on the merits.
Gevorkyan v. Bitmain Techs. Ltd., No. 18-CV-07004-JD, 2022 WL 3702093, at *1 (N.D. Cal. Aug. 26, 2022)
