Many IP practitioners are misinformed about the function of the USPTO’s Office of Enrollment and Discipline (OED). Here are the top 5 myths about OED ethics investigations and attorney discipline at the USPTO. Myth #1 – The OED Only Cares About Practice Before the USPTO There is a perception that the USPTO only cares about
5 Myths About USPTO Ethics Investigations and Disciplinary Complaints Read More »
On August 5, 2016, the USPTO Director issued a Final Order reversing an administrative law judge’s initial decision, which had suspended a practitioner for 18 months. The Final Order held the OED Director violated USPTO precedent and mandatory rules regarding reciprocal discipline—37 C.F.R. § 11.24. The Final Order is significant because it not only confirms the
USPTO Director Reverses ALJ In Disciplinary Case, Rules In Favor Of Attorney Read More »
“As long as the world is turning and spinning, we’re gonna be dizzy and we’re gonna make mistakes” — Mel Brooks In bar disciplinary proceedings, the word “mistake” is often used either to explain, describe, or defend against, a charge of alleged unethical behavior. But is it unethical for an attorney to make an “honest
A former senior in-house intellectual property counsel for Hunter Douglas was sentenced Wednesday to nearly six years in federal prison for his role in a fraudulent billing scheme involving fake patent searches. The former patent attorney pleaded guilty in April to federal felony charges of tax evasion and mail fraud arising from his theft of
Day of Reckoning Arrives For Thieving IP Attorney Read More »
On July 1, 2016, the Patent Trial and Appeal Board in RPX Corp. v. Applications in Internet Time LLC, IPR2015-01750, 01751 & 01752, ordered patent owner Applications in Internet Time (AIT) to pay petitioner RPX Corp. $13,500 in attorney’s fees as a sanction for violating the Board’s protective order. The Board found sanctions were warranted
PTAB Awards Attorneys’ Fees As Sanction For Protective Order Violation Read More »
Part 1 of a 3-Part Series Ex-Cleveland Browns quarterback Johnny Manziel has been in the news a lot lately. And none of it has been good. The former Heisman Trophy winner and 2014 first round NFL draft pick was “much watch” sports TV for his prowess on the gridiron. His professional career, which began with such
What Can Johnny Manziel Teach Lawyers About Ethics? (Plenty) Read More »
Last week, the Supreme Court issued an opinion that significantly altered the legal landscape for proving willful infringement in patent cases. In Halo Electronics, Inc. v. Pulse Electronics, Inc., the Supreme Court rejected the Federal Circuit’s two-part Seagate test for awarding enhanced damages under 35 USC § 284, finding that both the substantive requirement for “objective recklessness”
A federal district judge has dismissed a trademark lawyer’s complaint alleging that the USPTO’s Office of Enrollment and Discipline’s (“OED’s) investigation of him violated his rights under the Fourth and Fifth Amendments of the U.S. Constitution. The Court held that dismissal of his federal complaint was appropriate because the matters raised in the complaint are
TM Lawyer’s Attack on Constitutionality of OED Investigation Dismissed–For Now Read More »
