Michael E. McCabe, Jr.

The Ethical Risks of Paraprofessionals Providing IP Legal Services (Part 2 of 2)

IP Ethics, OED, Office of Enrollment and Discipline, USPTO OED /

In this part, we continue to address some of the ethical risks involving delegation of intellectual property legal services to non-lawyer paraprofessionals. Ethical Responsibilities of Practitioners Regarding Paraprofessionals The USPTO ethics rules state the responsibilities of practitioners over non-practitioners as follows: First, a practitioner who is a partner, and a practitioner who individually or together with

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The Ethical Risks of Paraprofessionals Providing IP Legal Services (Part 1 of 2)

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

“Individual commitment to a group effort–that is what makes a team work, a company work, a society work, a civilization work.” –Vince Lombardi Every successful IP lawyer, whether a solo practitioner or a senior partner in a mega-firm, has one thing in common: a great support team of secretaries, legal assistants, technical advisors, and paralegals.

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“Rising Star” Falls For Suspended Trademark Attorney

Conflicts of Interest, IP Ethics, PTO Ethics Rules, Trademark, USPTO Director Decisions /

By all accounts, Jeremy Blackowicz is a fine trademark attorney with a long and bright future ahead. According to a recent version of his law firm’s website, Mr. Blackowicz was an associate in the Boston, Massachusetts intellectual property department of Day Pitney, LLP.  According to the firm’s website, Mr. Blackowicz, a 2001 graduate of Boston University

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Is OED’s Indefinite Delay In “Reviewing” Reinstatement Applications Constitutional?

Office of Enrollment and Discipline, Patent Attorney Disciplinary Matters, Reinstatement, Suspension /

An attorney’s suspension from the practice of law is not unlike a jail sentence.  Not literally, of course.  The suspended attorney is free to do anything they otherwise could do when they were not suspended, with the exception of practicing law. Many practitioners believe that once their suspension period has run its course, the practitioner is “released,” the suspension is automatically lifted, and

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State Bar Discipline Can Be Hazardous To IP Attorneys’ Right To Practice Before The USPTO (Part 2 of 2)

IP Ethics, Reciprocal Discipline, USPTO Director Decisions /

This is the second of a two-part series on reciprocal discipline in the USPTO.  To read the first part click here. Once the notice requirements set forth in Sections 11.24(a) and (b) have been satisfied, Section 11.24(d) dictates the manner in which the disciplinary hearing shall proceed. In accordance with Section 11.24(d), “the USPTO Director shall

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Delaware Court Disqualifies Patent Lit. Counsel For Conflict Of Interest

Conflicts of Interest, District Court Litigation, IP Ethics /

On May 15, 2015, the U.S. District Court for the District of Delaware granted a defense motion disqualifying plaintiff’s counsel in a patent infringement action due to a former client conflict of interest. Innovative Memory Solutions, Inc. v. Micron Tech., Inc., No. 14-1480-RGA (D. Del. May 15, 2015) (order here). Innovative Memory Solutions, Inc. (“IMS”)

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State Bar Discipline Can Be Hazardous To IP Attorneys’ Right To Practice Before The USPTO (Part 1 of 2)

IP Ethics, Reciprocal Discipline, USPTO Director Decisions /

Consider the following – a patent attorney is investigated and charged by her state bar for violating the state’s code of ethics.  The patent attorney believes her state law license is not particularly relevant or necessary because 100% of her practice is dedicated to patent prosecution.  Therefore, to make the state bar matter “go away” with

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