Artificial Intelligence for Lawyers: How To Maintain Your Technical Competency

Leave a Comment / Artificial Intelligence, Competence / By

Lately I have been inundated with news and information about Artificial Intelligence.  It seems that all the legal news is talking about these days, and will not stop talking about, is how AI is going to change my life.  Forever.  In major ways.  As the ABA recently noted, Artificial Intelligence (AI) is changing everything everywhere …

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Ninth Circuit Holds Rule 45 Subpoena Geographic Limits Apply To Remote Testimony: Is This Doom And Gloom For Trial By Zoom?

Leave a Comment / COVID-19, District Court Litigation, Federal Rules of Civil Procedure, OED, OED USPTO discipline, Office of Enrollment and Discipline, Patent Attorney Disciplinary Matters, USPTO discipline, USPTO Discipline Procedure / By

In an appellate case of first impression on a novel procedural issue, the Ninth Circuit on July 27 in Kirkland v. USBC, Los Angeles, quashed trial subpoenas purporting to command individuals who resided and worked out-of-state and more than 100 miles from the courthouse to “appear” at a hearing by contemporaneous video transmission.  Addressing an …

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Departing Ethically – 5 Things IP Lawyers and Law Firms Should Evaluate When Transitioning Firms

4 Comments / IP Ethics / By

Lawyers no longer stay at one firm their entire career.  Some may desire to leave a firm to join another firm, while other may choose to transition to a role in government, in-house, non-profit, or even retire.  What is extremely clear under the ethics rules is that lawyers have a right to leave, and the …

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Office of Enrollment and Discipline Offers Anonymous Ethics Hotline for PTO Practitioners

1 Comment / IP Ethics, OED, Office of Enrollment and Discipline, Patent Ethics, PTO Ethics Decisions, PTO Ethics Rules, USPTO OED, USPTO Rules of Professional Conduct / By

Who are you going to call if you have a question about whether your conduct as a patent or trademark attorney is ethical?   Many state bars offer “ethics hotlines” to aid their members in their understanding of, and compliance with, their obligations under applicable rules of professional conduct. Although the USPTO does not advertise a …

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Shots On The House: Above The Law’s State of the Union Drinking Game A Hangover For Lawyers

2 Comments / Alcoholism, Attorney Mental Health, Attorney Wellness, Attorneys and Addiction / By

Above the Law claims it provides legal analysis and relevant commentary on the legal industry.  After reading senior editor Joe Patrice’s recent missive, Finally, A Reason to Drink!! Here’s your guide to making the State of the Union bearable, it seems ATL has discovered a new mission: encouraging attorneys to consume copious amounts of alcohol. …

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USPTO Reminds Patent Practitioners Regarding Their Duty Of Disclosure Obligations (And Inequitable Conduct)

Leave a Comment / Inequitable Conduct, Duty of Candor / By

When I tell my law students about their future fiduciary duties to clients, I sum them up as loyalty and confidentiality,  but that is not the whole story.  This is because lawyers have other enumerated duties to clients, courts, and the profession as a whole. However, patent attorneys have another duty that could be correlated …

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Lawyers Who “Dabble” In USPTO Trademark Matters Face Nightmare Of OED Ethics Investigations, Discipline

Leave a Comment / Competence, Copyright ethics, IP Ethics, Trademark ethics / By

“A man’s got to know his limitations”  – Clint Eastwood, Magnum Force  (1973) The USPTO’s Office of Enrollment and Discipline has become increasingly active in the last several years, particularly in investigating business or general practice attorneys who dabble in trademark law.  Many have learned the hard way–through an ethics inquiry and possible disciplinary decisions–regarding …

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