It is commonplace for IP law firms in the United States to receive referrals for patent and trademark application filing, prosecution, and related services from sources other than the actual client. In one of the most common scenarios, patent and trademark services are directed to a U.S. IP law firm through an intermediary, such as
Are Your Firm’s Foreign Associate Practices Ethical? Read More »
For the past year, Portus Singapore Pte. Ltd. (“Portus”), a former client of the now-defunct Kenyon & Kenyon (“Kenyon”) law firm, has been trying to get a claim for legal malpractice to stick against its former IP counsel. So far, Portus’ efforts have been unsuccessful. On July 28, 2017, Portus took its third bite at
What formal ethics training is required of a U.S. patent agent? None. What minimal level of competency in ethics must a patent agent demonstrate in order to qualify for a license to practice patent law before the USPTO? Again, the answer is “None.” For attorneys, ethics training is of considerable importance. It starts in law
Mandatory Ethics Training For Patent Agents Is Long Overdue Read More »
The addiction crisis and its impact on the legal profession are the subjects of two recently published articles. The first is The Lawyer, The Addict, published on July 16 in The New York Times (sub. req.). It is a powerful story written by the ex-wife of a Silicon Valley-based IP partner. She recounts her former
Law, Drugs, Addiction, Death. Read More »
The statistics of reported cases of domestic violence are stunning. According to the National Coalition Against Domestic Violence (NCADV), 1 in 3 adult women and 1 in 4 adult men have been victims of some form of physical violence by an intimate partner. Moreover, 1 in 4 women have been victims of “severe physical violence by
Non-practicing entities who engage in a pattern of filing numerous lawsuits without any intention of testing the merits, solely to extract low ball settlements, should take note that the USPTO’s Office of Enrollment and Discipline (OED) takes a keen interest in such conduct. A recent “exceptional case” decision in a patent case from federal court
Sue-And-Settle NPE Patent Litigation Tactics May Violate USPTO Ethics Rules Read More »
Who is an IP firm’s patent prosecution client when the firm represents a limited liability company and one of its members is the sole inventor? Does the answer change if the LLC is never actually formed, and no one ever advises the law firm? Those are just two questions that appear to be at the
Patent and other high technology litigation invariably involves the disclosure of highly confidential technical and financial information. One of the first orders usually entered in such cases is a protective order, which enables parties to designate and disclose to a limited universe of people what the producing party considers to be confidential information. Typically, protective
