A recent patent malpractice action filed in federal court in New York against an IP firm raises once again the issue of subject matter conflicts between concurrent clients in prosecuting patent applications in a similar field of technology. The issue of subject matter conflicts in concurrent patent representation continues to be an area of significant
The Federal Circuit on Friday affirmed a district court’s order imposing sanctions against a Colorado patent attorney and his patentee client for vexatious litigation. Doubling down, the Federal Circuit imposed its own sanctions for what it says was a frivolous appeal. See Walker v. Health International Corp., No. 15-1676 (Fed. Cir. Jan. 6, 2017). The CAFC’s ruling opens the
CAFC Sanctions Patent Atty For Frivolous Appeal; Is USPTO Discipline Next? Read More »
At the risk of sounding like a broken record, since it is the New Year I thought it would be helpful to remind you all, again, of what is in my opinion the First Commandment of Ethics: Thou Shalt Communicate With Thy Clients. Seriously. Clients do not like to be ignored by their attorneys. This
Failure To Communicate No. 1 Cause Of USPTO Attorney Discipline Read More »
To all of you who have been dying to know what happened in the world of ethics and discipline at the USPTO in the past year, I am pleased to say your wait is finally over. I have written, “2016 USPTO Disciplinary Decisions — The Year in Review.” Why was The 2016 Year in Review
2016 USPTO Disciplinary Decisions – The Year In Review Read More »
The United States Court of Appeals for the Second Circuit rejected yesterday a now defunct Virginia IP firm’s attempt to rely on 35 U.S.C. § 101 and the Supreme Court’s Alice decision as a defense to an $8 million damages award arising from the firm’s negligence in handling a client’s patent application. Protostorm, LLC v.
Appeals Court Rejects Belated Alice Defense, Affirms $8 Million Patent Malpractice Award Read More »
The USPTO today issued a warning about the dangers of fraudulent trademark solicitations. In a blog posted on the USPTO’s website (link here), Commissioner for Trademarks Mary Boney Denison warned: Trademark solicitations have been a global problem for decades, including for USPTO customers, and we have implemented several measures to protect our customers against them.
Fraudulent Trademark Solicitations Raise Ethical Concerns For TM Attys Read More »
“What we’ve got here is failure to communicate.” Cool Hand Luke A law school professor once told me the easiest question to grade on an exam is the one where the student fails to provide any answer at all. So too is the case for the IP practitioner who chooses to ignore a USPTO ethics
The Danger Of Failing To Cooperate In A USPTO Ethics Investigation Read More »
Attorney Rodger Moore enjoys a good bottle of wine. Evidently, his budget does not. After scamming his local grocery store for years by switching prices on expensive wines for a cheaper variety, Mr. Moore is now paying a hefty price–with his law license. Mr. Moore became licensed to practice law in 2001. His ethics problems
A Bottle of White? A Bottle of Red? Perhaps a One-Year Suspension Instead Read More »
