Michael E. McCabe, Jr.

USPTO Suspends Former Niro IP Attorney For 18 Months Following Patent Litigation Sanctions

The fallout from the Niro, Haller & Niro law firm’s doomed litigation on behalf of Intellect Wireless continues.  For patent litigator David J. Mahalek, the most junior member of the Niro litigation team, the disciplinary shoe of the USPTO did not just drop–it kicked him in the teeth with an 18-month suspension of his law

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District Court Affirms PTO’s Disbarment Of Patent Agent Who Practiced TM Law

On February 27, 2017, the U.S. District Court for the Eastern District of Virginia affirmed a decision by the USPTO Director excluding a registered patent agent from practice before the USPTO because the agent practiced trademark law. Factual Background Bang-er Shia became a registered patent agent in 2005; she has never been admitted to the

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“The Trademark Company” Pivots To A Copyright Company

“The Trademark Company,” whose owner Matthew Swyers agreed last month to give up his license to practice before the USPTO, ending a three-year ethics battle, appears to be alive.  While still operating under the old name, logo and URL, The Trademark Company has shifted gears away from offering trademark-related services and is now offering only

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Top Seven Ethics Risks When Patent Practitioners Work With Invention Marketing Companies

Working with invention promotion or marketing companies can be hazardous to your law license.  That is the clear message coming from the USPTO’s Office of Enrollment and Discipline, which is in charge of policing and enforcing the Rules of Professional Conduct governing patent attorneys, patent agents, and others who practice before the Office.   The

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Epic Ethics Legal Battle By Trademark Company Owner Ends Quietly With Resignation

The three-year ethics saga between Matthew Swyers, owner of The Trademark Company, and the USPTO’s Office of Enrollment and Discipline (OED), ended with a whisper, with Mr. Swyers agreeing to resign from practicing before the USPTO.  By entering into what is called an “exclusion on consent” agreement, Mr. Swyers voluntarily gives up the ability to provide U.S. trademark-related legal services for a minimum of five (5) years. 

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ABA Recommends Mandatory Substance Abuse and Mental Health CLE

The American Bar Association’s House of Delegates voted on Monday to change the ABA’s Model Rule for Minimum Continuing Legal Education to include a recommended one hour of CLE training every three years focused on substance abuse and mental health issues. Currently, only three jurisdictions–California, North Carolina and Nevada–require such courses.  The decision to amend

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New USPTO Discipline Search Engine Added To IPethics & INsights

I am pleased to announce the addition of a new family member to this Blog: A USPTO disciplinary decision search engine and reader-friendly digest of USPTO disciplinary decisions. This feature can be found by clicking here or on the “PTO Discipline” tab beneath the IPethics & INsights banner. Why A Search Engine Why go through

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