Epic Ethics Legal Battle By Trademark Company Owner Ends Quietly With Resignation

The three-year ethics saga between Matthew Swyers, owner of The Trademark Company, and the USPTO’s Office of Enrollment and Discipline (OED), ended with a whisper, with Mr. Swyers agreeing to resign from practicing before the USPTO.  By entering into what is called an “exclusion on consent” agreement, Mr. Swyers voluntarily gives up the ability to provide U.S. trademark-related legal services for a minimum of five (5) years. 

Epic Ethics Legal Battle By Trademark Company Owner Ends Quietly With Resignation Read More »

ABA Recommends Mandatory Substance Abuse and Mental Health CLE

The American Bar Association’s House of Delegates voted on Monday to change the ABA’s Model Rule for Minimum Continuing Legal Education to include a recommended one hour of CLE training every three years focused on substance abuse and mental health issues. Currently, only three jurisdictions–California, North Carolina and Nevada–require such courses.  The decision to amend

ABA Recommends Mandatory Substance Abuse and Mental Health CLE Read More »

New USPTO Discipline Search Engine Added To IPethics & INsights

I am pleased to announce the addition of a new family member to this Blog: A USPTO disciplinary decision search engine and reader-friendly digest of USPTO disciplinary decisions. This feature can be found by clicking here or on the “PTO Discipline” tab beneath the IPethics & INsights banner. Why A Search Engine Why go through

New USPTO Discipline Search Engine Added To IPethics & INsights Read More »

Alston & Bird Prevails In $10 Million Patent Litigation Malpractice Suit

On January 26, 2017, a New York state appeals court panel affirmed a lower court’s dismissal of a $10 million malpractice complaint filed against Alston & Bird LLP.  The court held that the complaint filed by Alston’s former client, high-tech fabric maker Brookwood Cos., Inc., failed to state a plausible claim that Brookwood would have

Alston & Bird Prevails In $10 Million Patent Litigation Malpractice Suit Read More »

CAFC Finds Patent Holder’s Position On Standing “Unreasonable” And “Remarkably Weak,” Affirms Atty Fees Award

On January 25, 2017, the Federal Circuit ruled a district court did not abuse its discretion when it awarded the prevailing party’s attorneys’ fees under 35 U.S.C. § 285 based upon the losing party’s conduct with respect to responding to one particular issue in discovery. In National Oilwell Varco, L.P. v. Omron Oilfield & Marine,

CAFC Finds Patent Holder’s Position On Standing “Unreasonable” And “Remarkably Weak,” Affirms Atty Fees Award Read More »

Plaintiff Gets Judicial Scolding: “If This Case Is Not Exceptional, Then There Are None”

It says a lot when the busiest patent judge in the United States calls a patent lawsuit “the clearest example of an exceptional case” he has ever seen. That is precisely what happened earlier this week, when Judge Rodney Gilstrap of the Eastern District of Texas, who personally handles one-quarter of all patent cases filed

Plaintiff Gets Judicial Scolding: “If This Case Is Not Exceptional, Then There Are None” Read More »

Ethics Experts Sue Trump For “Countless Conflicts of Interest” From Foreign Payments

The rules of ethics–particularly rules that prohibit conflicts of interest and require the utmost loyalty–apply to the President of the United States.  That is the premise underlying a lawsuit filed today by a group of ethics experts against President Trump.  See Citizens for Responsibility and Ethics in Washington v. Donald J. Trump, Case No. 1:17-cv-00458-RA

Ethics Experts Sue Trump For “Countless Conflicts of Interest” From Foreign Payments Read More »

Scroll to Top