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Inequitable Conduct: The Accusation That Could Change Your Life

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Patent practitioners are keenly aware that inequitable conduct allegations are commonplace in patent litigation.  A finding of inequitable conduct has numerous adverse consequences for patent owners, including the possible loss of patent rights, exposure to antitrust claims, and an award of an accused infringer’s attorneys’ fees.  Because the impact of an inequitable conduct finding is …

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Trademark Signature Best Practices and OED

Leave a Comment / Trademark Ethics, Trademark ethics, USPTO Rules of Professional Conduct / By

The letter comes in the mail from OED asking you a few questions about a handful of trademark applications, including whether each form was electronically signed by the respective applicant or attorney. The light bulb still has not hit—you ask yourself who is OED, and why are they asking about signatures. You read further into …

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Balancing Newly Divergent State, USPTO Ethics Rules

Leave a Comment / ABA Model Rules of Professional Conduct, IP Ethics, USPTO Rules of Professional Conduct / By

This article appeared in Law360 on September 23, 2020. (Subscription Required) The rules of ethics adopted by each state are often said to be based upon or modeled after the American Bar Association’s Model Rules of Professional Conduct. While the ABA model rules provide a template for states to consider when adopting their own ethics …

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USPTO Building

What To Do When You Receive An OED Grievance.

Leave a Comment / IP Ethics, OED, Office of Enrollment and Discipline, RFI / By

Whether you practice in trademark or patent law, you generally want to avoid receiving communication from the Office of Enrollment and Discipline (OED). But what happens when they send you a certified letter that includes a Request for Information and Evidence Under 37 CFR 11.22(a) (RFI)?​​ Understanding one of OED’s core missions, investigating allegations of …

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Reducing Stress and Avoiding Mistakes in the Post-COVID-19 Era: A Must Attend Webinar for All Attorneys and Law Students

Leave a Comment / Attorney Mental Health, Attorney Wellness, Attorneys and Addiction, COVID-19 / By

The Covid-19 pandemic and very recent societal upheaval have caused unprecedented times of stress and fear throughout all ranks of the legal profession. These difficult times have especially hit hard those who are in law school and are in the earliest phases of their professional careers. On June 18, 2020, at 1:00 pm ET, a …

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New IP Ethics CLE: A Look at the USPTO’s Focus on Declarations

Leave a Comment / Ethics CLE, IP Ethics CLE, Patent Agent Ethics, Patent Ethics CLE, Trademark ethics, Unauthorized Practice of Law, USPTO Ethics Investigation, USPTO OED, USPTO Rules of Professional Conduct / By

On Monday, June 1, 2020, I will be moderating an ethics webinar panel discussion on behalf of the ABA’s Intellectual Property Law Section (for which I serve as Chair of the Ethics and Professional Responsibility Committee). The webinar is entitled “A Look at the USPTO’s Focus on Declarations” and will focus on ethics issues relating …

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Attorneys’ Ethical Duties When Representing Clients With Diminished Capacity

Leave a Comment / Attorney Mental Health, Attorney Wellness, Attorneys and Addiction, Legal Ethics, Legal Malpractice, Litigation Ethics, Malpractice / By

These days, it’s good to be a trusts and estates lawyer. While the rest of legal field is scrambling to figure out how to survive the next few weeks and months with little new business coming in and much existing business on hold, attorneys who represent the elderly and infirm report a boom in business. …

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