A federal judge in New York rejected an intellectual property firm’s attempt to rely on the Supreme Court’s 2014 Alice decision as grounds to set aside a jury’s multi-million dollar verdict for mishandling a client’s patent application. In denying post-trial motions, U.S. District Judge Pamela Chen ruled that Virginia law firm Antonelli Terry Sout & Kraus LLP forfeited
A lawyer’s signature on a document filed in the USPTO represents that, to the best of the signor’s knowledge, formed after a reasonable inquiry, the paper is not being presented for an improper purpose; the claims and other legal contentions are warranted by law; the allegations of fact have evidentiary support; and the denials of
Bad news on the doorstep. I couldn’t take one more step. Don McLean – American Pie In the last year, many “bad news” articles have been published arising from IP litigation. Not surprisingly, a growing number of those articles have been based on exceptional case findings and awards of attorneys’ fees under the Octane Fitness
IP Litigators Beware: Bad News May Be Hazardous To Your Law License (Part 2 of 2) Read More »
Many years ago, before Al Gore invented the internet and teenagers rode their bicycles before dawn, their palms black with ink, to deliver “the paper,” science fiction novelist Douglas Adams observed, “Nothing travels faster than the speed of light with the possible exception of bad news, which obeys its own special laws.” Truer words today could not be
IP Litigators Beware: Bad News May Be Hazardous To Your Law License (Part 1 of 2) Read More »
In this part, we continue to address some of the ethical risks involving delegation of intellectual property legal services to non-lawyer paraprofessionals. Ethical Responsibilities of Practitioners Regarding Paraprofessionals The USPTO ethics rules state the responsibilities of practitioners over non-practitioners as follows: First, a practitioner who is a partner, and a practitioner who individually or together with
The Ethical Risks of Paraprofessionals Providing IP Legal Services (Part 2 of 2) Read More »
“Individual commitment to a group effort–that is what makes a team work, a company work, a society work, a civilization work.” –Vince Lombardi Every successful IP lawyer, whether a solo practitioner or a senior partner in a mega-firm, has one thing in common: a great support team of secretaries, legal assistants, technical advisors, and paralegals.
The Ethical Risks of Paraprofessionals Providing IP Legal Services (Part 1 of 2) Read More »
By all accounts, Jeremy Blackowicz is a fine trademark attorney with a long and bright future ahead. According to a recent version of his law firm’s website, Mr. Blackowicz was an associate in the Boston, Massachusetts intellectual property department of Day Pitney, LLP. According to the firm’s website, Mr. Blackowicz, a 2001 graduate of Boston University
“Rising Star” Falls For Suspended Trademark Attorney Read More »
An attorney’s suspension from the practice of law is not unlike a jail sentence. Not literally, of course. The suspended attorney is free to do anything they otherwise could do when they were not suspended, with the exception of practicing law. Many practitioners believe that once their suspension period has run its course, the practitioner is “released,” the suspension is automatically lifted, and
Is OED’s Indefinite Delay In “Reviewing” Reinstatement Applications Constitutional? Read More »
