Emil Ali

Emil J. Ali is a partner at McCabe & Ali, LLP where he focuses his practice on helping lawyers understand their obligations under state and federal law. As a registered patent attorney, a significant focus of his practice involves advising lawyers and law firms on all aspects of the intersection of IP and ethics matters. Emil’s work includes counseling clients on lateral transitions, malpractice avoidance, expert opinion and testimony, and respondent’s defense work before various bars and courts. Contact Emil J. Ali at emil@mccabeali.com, or Tel: (310) 596-1234.

Supreme Court

Inequitable Conduct: The Accusation That Could Change Your Life

Patent Ethics / By

Patent practitioners are keenly aware that inequitable conduct allegations are commonplace in patent litigation.  A finding of inequitable conduct has numerous adverse consequences for patent owners, including the possible loss of patent rights, exposure to antitrust claims, and an award of an accused infringer’s attorneys’ fees.  Because the impact of an inequitable conduct finding is […]

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Trademark Signature Best Practices and OED

Trademark Ethics, Trademark ethics, USPTO Rules of Professional Conduct / By

The letter comes in the mail from OED asking you a few questions about a handful of trademark applications, including whether each form was electronically signed by the respective applicant or attorney. The light bulb still has not hit—you ask yourself who is OED, and why are they asking about signatures. You read further into

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Balancing Newly Divergent State, USPTO Ethics Rules

ABA Model Rules of Professional Conduct, IP Ethics, USPTO Rules of Professional Conduct / By

This article appeared in Law360 on September 23, 2020. (Subscription Required) The rules of ethics adopted by each state are often said to be based upon or modeled after the American Bar Association’s Model Rules of Professional Conduct. While the ABA model rules provide a template for states to consider when adopting their own ethics

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USPTO Building

What To Do When You Receive An OED Grievance.

IP Ethics, OED, Office of Enrollment and Discipline, RFI / By

Whether you practice in trademark or patent law, you generally want to avoid receiving communication from the Office of Enrollment and Discipline (OED). But what happens when they send you a certified letter that includes a Request for Information and Evidence Under 37 CFR 11.22(a) (RFI)?​​ Understanding one of OED’s core missions, investigating allegations of

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