An IP attorney continued his legal education the hard way. He falsely represented to the California Bar that he had completed the mandatory minimum of 25 hours of continuing legal education. In truth, he had completed zero hours of CLE. The result: a one-year suspension. This matter involved California-based patent attorney Jens Edward Hoekendijk. In
Lessons in Ethics: Lying About CLE Attendance Is Just So Wrong Read More »
Some IP practitioners are unaware of the ethical rules regulating the practice known as “fee-splitting.” In this context, “fee-splitting” refers to the situation where a first USPTO practitioner divides a portion of a client’s fee with a second practitioner who is from a different firm as the first. According to 37 C.F.R. Section 11.105(e), a
Ethical Fee-Splitting for IP Practitioners & New ABA Guidance Read More »
Each year, a number of patent and trademark practitioners agree to exclusion from the USPTO rather than face an OED ethics investigation or USPTO disciplinary action. While not always the case, such consent exclusions usually involve very serious–and often criminal–practitioner misconduct. One such matter is the case of former patent attorney David N. Caracappa. See In
USPTO Disbars Siemens’ Outside Patent Atty For $2.5M Billing Fraud Read More »
Guessing wrong about the enforceability of an advanced conflict waiver could lead to unexpectedly bad consequences. One doomsday scenario is illustrated by a recent California immediate appellate court decision in the case of Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing, 244 Cal.App.4th 590 (2016). Sheppard Mullin represented J-M Manufacturing (“J-M”) in a Qui Tam litigation.
Advanced Conflict Of Interest Waivers: Tricks Or Treats? (Part 2) Read More »
Halloween is upon us. We put out the candy bowl and wait for the tiny ballerinas, ghosts, and football players to ring the doorbell and shout “trick or treat.” Despite the seemingly optional “or” language in the request, traditionally the kids will always get the treat. Law firms also prefer “treats” in the form of
Advanced Conflict Of Interest Waivers: Tricks Or Treats? Read More »
Dear Readers, Two years ago, I started IPethics & INsights as a forum for discussing my passion and interest in ethical issues for the intellectual property practitioner. I am very pleased to announce that IPethics & INsights has been nominated for inclusion in The Expert Institute’s “Best Legal Blog” contest in the category of niche and
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George Foreman pitches their services on late night television commercials. A Google search for “how to sell my invention” turns up scores of them. Many individual inventors believe they have designed the next “better mouse trap” but typically have no clue how to monetize or market their invention. That is where invention marketing or promotion
OED Cracks Down On Patent Practitioners Working With Invention Promoters Read More »
“Mr. Corleone is a man who insists on hearing bad news at once.” – Tom Hagen, The Godfather In the Summer 2016 issue of Litigation, Steven A. Weiss, Chair of the ABA’s Section of Litigation, authored an article entitled, “Eight More Tips For Practicing Law.” Although the article focuses on a number of best practices
