You Just Received An OED Bar Grievance. Now What?

The only time a patent attorney or agent ever wants to hear from the USPTO’s Office of Enrollment and Discipline is when they are admitted to the Patent Bar and issued a registration number. Other than that, no news is good news. So if an envelope arrives from the OED (certified mail, return receipt requested),

You Just Received An OED Bar Grievance. Now What? Read More »

CLE: Advice of Counsel Defense and Privilege Waivers In Patent Litigation Post-Halo

CLE courses seem to be popping up left and right about the impact of the Supreme Court’s 2016 Halo v. Pulse decision reversing the prior Seagate willful infringement standard.  The focus of these other CLEs seems to be more on the substantive law of willfulness and how the district courts have responded to the issue

CLE: Advice of Counsel Defense and Privilege Waivers In Patent Litigation Post-Halo Read More »

USPTO Suspends Second Ex-Niro IP Attorney For 18 Months

It’s deja vu all over again: a second ex-Niro IP attorney has received an 18-month suspension from practice before the USPTO. Attorney Paul C. Gibbons, one of four attorneys from the now defunct Niro, Haller & Niro who were sanctioned for vexatious litigation arising from the firm’s representation of NPE Intellect Wireless, settled a disciplinary

USPTO Suspends Second Ex-Niro IP Attorney For 18 Months Read More »

USPTO Suspends Former Niro IP Attorney For 18 Months Following Patent Litigation Sanctions

The fallout from the Niro, Haller & Niro law firm’s doomed litigation on behalf of Intellect Wireless continues.  For patent litigator David J. Mahalek, the most junior member of the Niro litigation team, the disciplinary shoe of the USPTO did not just drop–it kicked him in the teeth with an 18-month suspension of his law

USPTO Suspends Former Niro IP Attorney For 18 Months Following Patent Litigation Sanctions Read More »

District Court Affirms PTO’s Disbarment Of Patent Agent Who Practiced TM Law

On February 27, 2017, the U.S. District Court for the Eastern District of Virginia affirmed a decision by the USPTO Director excluding a registered patent agent from practice before the USPTO because the agent practiced trademark law. Factual Background Bang-er Shia became a registered patent agent in 2005; she has never been admitted to the

District Court Affirms PTO’s Disbarment Of Patent Agent Who Practiced TM Law Read More »

“The Trademark Company” Pivots To A Copyright Company

“The Trademark Company,” whose owner Matthew Swyers agreed last month to give up his license to practice before the USPTO, ending a three-year ethics battle, appears to be alive.  While still operating under the old name, logo and URL, The Trademark Company has shifted gears away from offering trademark-related services and is now offering only

“The Trademark Company” Pivots To A Copyright Company Read More »

Top Seven Ethics Risks When Patent Practitioners Work With Invention Marketing Companies

Working with invention promotion or marketing companies can be hazardous to your law license.  That is the clear message coming from the USPTO’s Office of Enrollment and Discipline, which is in charge of policing and enforcing the Rules of Professional Conduct governing patent attorneys, patent agents, and others who practice before the Office.   The

Top Seven Ethics Risks When Patent Practitioners Work With Invention Marketing Companies Read More »

Scroll to Top