Abstract
In May 2004 Mr Garber, while being represented by counsel, filed a patent infringement action against Chicago Mercantile Exchange and the Chicago Board of Trade (collectively, ‘CME’). Six months later, shortly before the Court was scheduled to hold a claim construction hearing on 1 December 2004, Mr Garber’s counsel moved to withdraw from the case. The Court granted counsel’s motion to withdraw, cancelled the 1 December hearing, set a 15 December status conference, and entered an order stating: ‘If plaintiff does not secure counsel by [15 December], this case will be dismissed for want of prosecution’.1 Having failed to obtain new
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