In patent litigation, one of the first orders of business is entry of a protective order protecting the participant’s confidential information. While protective orders come in all shapes and sizes, such orders uniformly prohibit a receiving party from disclosing a producing party’s confidential information except to a limited universe of defined individuals. In addition, a
The Wolf: “Just because you are a character doesn’t mean that you have character.” – Pulp Fiction So you say you want to become registered to practice before the USPTO? You possess all the requisite technical skills. You did well in law school. You recently passed the Patent Bar Exam with flying colors. Congratulations. So
Mission Impassable: Moral Character Can Block Applicants From USPTO Bar Membership Read More »
It is not necessarily an easy feat for a suspended lawyer to become readmitted to the Bar. Some jurisdictions prohibit a suspended lawyer from even entering into a law firm. In other jurisdictions, a suspended lawyer may work as a paralegal subject to numerous restrictions and conditions. For lawyers who have practiced for many
The OED Redemption: Director Expediting Petitions To Reinstate Suspended Practitioners Read More »
At first glance, the USPTO’s most recently published disciplinary decision seems relatively bland and altogether innocuous. The case of In re Juliet M. Oberding, Proceeding No. D2016-06 (USPTO Dir. Feb. 12, 2016) involves a California-based trademark attorney who told a client on several occasions, over the course of roughly 18 months, that the client’s trademark
One of the most significant studies of alcohol abuse and mental health disorders among practicing attorneys conducted in the past quarter century has concluded that attorneys are at a much higher risk than other professionals for alcohol use disorder, depression, anxiety, and stress. Researchers from the Hazelden Betty Ford Foundation and the American Bar Association
Lawyer Alcoholism and Substance Abuse Frequent Causes of Discipline Read More »
On Wednesday, February 10, 2016, at 2:00 PM EST, I will be participating in a webinar hosted by IPO Chat Channel on Conflicts of Interest in Patent Prosecution in light of the recent decision of the Massachusetts Supreme Court in Maling v. Finnegan, Henderson. In Maling, a case of first impression, the court rejected the
IPO Hosting Webinar on Conflicts of Interest in Patent Prosecution Read More »
For those of you who are not convinced about the importance of legal ethics in modern society, I urge you to watch yesterday’s broadcast of the story entitled Anonymous, Inc., which was shown on CBS’s 60 Minutes. The venerable weekly news program used a fake client representative, wired with a hidden camera and a false story,
Anonymous, Inc.: Lawyers, Ethics And Money Laundering Featured On 60 Minutes Read More »
An IP attorney has filed a lawsuit against the United States Patent and Trademark Office seeking to prohibit the Agency’s Office of Enrollment and Discipline (OED) from continuing to investigate him for alleged ethics violations because the process employed in conducting the ethics investigation is abusive and violates due process. The complaint, which was filed
IP Attorney Challenging Constitutionality Of USPTO OED’s “Abusive” Ethics Investigation Read More »
