An ethics blog for IP attorneys
In an appellate case of first impression on a novel procedural issue, the Ninth Circuit on July 27 in Kirkland v. USBC, Los Angeles, quashed trial subpoenas purporting to command individuals who resided and worked out-of-state and more than 100 miles from the courthouse to “appear” at a hearing by contemporaneous video transmission. Addressing an […]
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As lawyers, we help clients solve problems, get results, but also advise them on risk. Clients rely on their lawyers for their expertise in the area—as well as their advice that is generally devoid of emotions. But who advises lawyers and law firms on their risks? Following the same thought process, and the adage of […]
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Lawyers no longer stay at one firm their entire career. Some may desire to leave a firm to join another firm, while other may choose to transition to a role in government, in-house, non-profit, or even retire. What is extremely clear under the ethics rules is that lawyers have a right to leave, and the […]
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Who are you going to call if you have a question about whether your conduct as a patent or trademark attorney is ethical? Many state bars offer “ethics hotlines” to aid their members in their understanding of, and compliance with, their obligations under applicable rules of professional conduct. Although the USPTO does not advertise a […]
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Above the Law claims it provides legal analysis and relevant commentary on the legal industry. After reading senior editor Joe Patrice’s recent missive, Finally, A Reason to Drink!! Here’s your guide to making the State of the Union bearable, it seems ATL has discovered a new mission: encouraging attorneys to consume copious amounts of alcohol. […]
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When I tell my law students about their future fiduciary duties to clients, I sum them up as loyalty and confidentiality, but that is not the whole story. This is because lawyers have other enumerated duties to clients, courts, and the profession as a whole. However, patent attorneys have another duty that could be correlated […]
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“A man’s got to know his limitations” – Clint Eastwood, Magnum Force (1973) The USPTO’s Office of Enrollment and Discipline has become increasingly active in the last several years, particularly in investigating business or general practice attorneys who dabble in trademark law. Many have learned the hard way–through an ethics inquiry and possible disciplinary decisions–regarding […]
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Co-Authored by Aditi Kulkarni and Emil J. Ali On April 26, 2022, The United States District Court for the Eastern District Court of Virginia dismissed a former patent examiner’s complaint and petition for review of the USPTO’s decision denying an application for registration to practice as a registered patent agent in a reasoned decision. The […]
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A court rules a patent attorney engaged in inequitable conduct. A client sues its trademark attorney for malpractice. A state bar files ethics charges against a patent practitioner. The police arrest a patent agent for domestic violence. A litigator is sanctioned by the PTAB under Rule 11.18 for making a frivolous argument. These are situations […]
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Artificial Intelligence for Lawyers: How To Maintain Your Technical Competency
Lately I have been inundated with news and information about Artificial Intelligence. It seems that all the legal news is talking about these days, and will not stop talking about, is how AI is going to change my life. Forever. In major ways. As the ABA recently noted, Artificial Intelligence (AI) is changing everything everywhere […]
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