Michael E. McCabe, Jr.

Practitioner Beware: Outsourcing Patent Applications May Be Illegal

Outsourcing, Patent Ethics /

I am solicited on an almost daily basis by overseas organizations offering deeply-discounted patent application drafting services.  It may very well be that such services, which typically originate from countries where there is an abundant supply of technically-skilled labor, can offer a competitive product at significant cost savings compared to fees charged by U.S. patent

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Email To Bar Counsel To “Go F*#k Yourself!!!” Surefire Way To Attorney Discipline (Even In New Jersey)

Civility/Professionalism, Duty to Tribunal /

Like voluntarily sticking one’s head into a lion’s den, communicating with Disciplinary Counsel can be a risky proposition.  Whatever the reason for the communication, attorneys should be mindful not only about what they are saying but how they are saying it.  This is not a difficult concept for most to grasp, but the Bar expects

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Putting Teeth Into The PTAB’s Sanctioning Powers: Is Mohawk A Sign Of Things To Come?

IP Ethics, Prejudicial to administration of justice, PTAB Discipline, PTAB Ethics, PTAB Sanctions /

For federal court practitioners, sanctions have long existed as a deterrent to litigation misconduct and a weapon against gamesmanship.  The federal rules of civil procedure provide a range of tools for litigators who believe their opponents are not abiding by their obligations: Rule 11 checks improper pleadings and other court filings; Rules 26, 30 and

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Colorado Man Stole Lawyer’s Identity To Create Fictional Online Law Firm: Criminal Complaint

Fraud, Internet Scams, Lawyer Identity Theft, Unauthorized Practice of Law /

Prosecutors in Eagle County, Colorado have filed a five-count criminal complaint against Dak Steiert, alleged mastermind behind a fictitious IP law firm.  According to state prosecutors, Steiert stole the identities of a real patent lawyer and two others to create a fake law firm which he used to lure unsuspecting inventor “clients” into paying thousands

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PTO Excludes Patent Attorney Who Paid Client To Deep-Six Ethics Complaint

Patent Ethics, Prejudicial to administration of justice, Settlement ethics /

Money can buy many things.  When a lawyer and client have a dispute, such as a client’s claim for legal malpractice, money often can buy “peace.”  And when clients and their lawyers settle such a  dispute, it is common for the parties to agree by contract to dismiss—or refrain from filing—a civil complaint. But a

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Owner Of Phony Patent Law Firm Wants Colorado UPL Case Dismissed

Unauthorized Practice of Law /

The owner of a fake IP law firm that is being sued in Colorado for allegedly engaging in the unauthorized practice of law has filed a motion to have the case dismissed for alleged lack of subject matter and personal jurisdiction. Dak Steiert, the owner of “Intelligent Patent Services,” which purports to be a “patent

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Fake Law Firm Misappropriated Practitioners’ Identities To Deceive Inventors: Complaint

Unauthorized Practice of Law /

From its website, “Intelligent Patent Services, LLC” (or IPS) appeared to have all of the trappings of a legitimate patent law firm.  The website included lots of content to back its self-proclaimed status as a “Patent Law Firm.”  The website boasted of supposed connections with legitimate organizations, claiming  its co-founders worked for Stanford University’s Office

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Intellectual Ventures Prevails In Capital One Antitrust Suit

Antitrust litigation, District Court Litigation, Litigation Ethics, Patent litigation, Patent Litigation Ethics /

On Friday, a Maryland federal judge granted summary judgment in favor of Intellectual Ventures on Capital One’s claims that IV’s acquisition and enforcement of patents relating to banking services violated U.S. antitrust law.  In a 53-page memorandum Opinion, Judge Paul W. Grimm found that IV’s conduct in obtaining and enforcing its patents was immune from

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