Michael E. McCabe, Jr.

Don’t Do Me Like That: IP Lawyer Claims Former Partner Stole Firm Trade Secrets

IP Ethics, Law Firm Breakups, Trade Secret Misappropriation /

“Baby why you hurt me leave me and desert me?” — Foolish (2002) Ashanti A California attorney sued his former law partner for allegedly stealing trade secrets and fraudulent billing practices, in violation of a contract detailing the disbanding of the attorneys’ prior partnership. In a complaint filed in U.S. District Court for the Northern

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Federal Judge Orders DOJ Prosecutors To Undergo Formal Ethics Training

Duty of Candor, Duty to Tribunal /

Finding federal government attorneys from the Department of Justice engaged in a “calculated plan of unethical conduct”, a federal judge in Texas has ordered hundreds of the agency’s lawyers to receive formal ethics training as a sanction for lying about the status of more than 100,000 migrants.  See Texas v. United States, Civ. No. B-14-254

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Mass. Court Nixes Conflict Claim Against Gillette Former In-House IP Attorney Who Provided Competitor With Infringement Opinions Regarding Ex-Client’s Patents

Conflicts of Interest, IP Ethics, Patent Ethics /

On May 5, 2016, a Massachusetts state court dismissed Gillette’s claims for breach of fiduciary duty against its former in-house IP counsel who left Gillette and went to work for a competitor, where he used allegedly privileged information gained during his prior employment and helped his new employer analyze and avoid infringement of Gillette’s patents—including

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IP Conflicts of Interest, Hot Potatoes, and “The Game of [Litigation] Life”

Conflicts of Interest, Copyright, District Court Litigation, IP Ethics /

“You will learn about life when you play The Game of Life” – original TV jingle for “The Game of Life” Plaintiffs, alleged owners of the IP rights to the “The Game of Life”, want to end up on Millionaire Estates.  Defendants, including the toy company that has been making and selling “The Game” for

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10th Annual Patent Law Institute CLE Program From PLI

Continuing Legal Education, Legal Ethics /

On May 5-6, 2016, Practicing Law Institute (PLI) will be conducting its 10th Annual Patent Law Institute.  The Institute will be held in San Francisco and also will be broadcast life via webcast. Registration is available at the following link. According to PLI, The Institute is designed to be of ultimate practice value to all

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Texas Court Upholds Baker Botts Patent Malpractice Win

Conflicts of Interest, Patent Ethics, Patent Malpractice /

A Dallas appeals court has upheld a trial court’s ruling in favor of Baker Botts, L.L.P. on its former client’s claim for patent malpractice based on the firm’s simultaneous representation of two clients in the same technical field. See Axcess International, Inc. v. Baker Botts, L.L.P., No. 05-14-01151-CV (Tex. App.–Dallas Mar. 24, 2016) (mem. op.)

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Excluded Patent Attorney Appeals To Federal Circuit

Client Funds, District Court Litigation, Office of Enrollment and Discipline, Petition to E.D. Va. /

A patent attorney who was excluded from the USPTO has appealed to the Federal Circuit. By way of background, on July 15, 2015, the USPTO Director entered an order excluding Richard Polidi from practice before the Office.  The USPTO Director’s disciplinary action came after the Director of the Office of Enrollment and Discipline (OED) filed

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Narrow Scope of “Patent Agent Privilege” Creates Ethical Traps for the Unwary

IP Ethics, Office of Enrollment and Discipline, Patent Agent, Patent Ethics, Unauthorized Practice of Law /

The Federal Circuit’s 2-1 decision yesterday in In re Queen’s University at Kingston resolved a split in the district courts over whether a “patent agent”-client privilege exists independent from the attorney-client privilege. The majority held it does. While the court’s holding provides clarification in this case of first impression, patent agents, their law firm employers,

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