The Perfect Protostorm: Jury Awards Startup $8 Million For Botched Patent Application

4 Comments / Failure to Communicate, Malpractice, Patent Litigation Ethics / By

Most patent malpractice cases are the result of not a single error by one person, but a combination of errors, often involving multiple individuals. Such a combination of errors led to a Virginia intellectual property firm’s failure to file its client’s, Protostorm LLC’s, patent application. The end result: on October 10, 2014, a federal judge in […]

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EXTRA EXTRA: Attorney Abides By Rules Of Professional Conduct; No Discipline Imposed

4 Comments / Duty to Tribunal, IP Litigation Sanctions, Misrepresentations / By

Attorney disciplinary matters involving illegal, immoral, incompetent, negligent, unprofessional, or unethical behavior by intellectual property practitioners are a frequent source of news in the IP media outlets. When an attorney does not violate the ethics rules, that fact, in and of itself, is rarely the subject of discussion. Then there are those rare occasions where

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Patent Attorney Who Lied to Client and Bar Counsel Receives Two-Month Suspension

Leave a Comment / Misrepresentations, Patent Attorney Disciplinary Matters, USPTO Director Decisions / By

“It is strange the way the ignorant and inexperienced so often and so undeservedly succeed when the informed and the experienced fail.” – Mark Twain in Eruption In the world of attorney discipline, the mental state of the attorney is an important factor in determining the type and severity of discipline bar counsel will seek.

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Upcoming IP Ethics Continuing Legal Education

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Ample opportunities exist to obtain Continuing Legal Education credit in Intellectual Property Ethics. Some upcoming live events to consider: 30th Annual Institute on Intellectual Property Law, October 9-10, 2014, Galveston, Texas – The Duty of Candor in Post-Issuance Proceedings by Professor Lisa A. Dolak Intellectual Property Law Institute 2014, October 16-17, 2014, San Francisco, California

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Courts Sanction Patent Counsel for Litigation Misconduct–Will USPTO Discipline Be Next?

Leave a Comment / IP Litigation Sanctions, Misrepresentations, Patent Litigation Ethics / By

What happens in patent litigation does not necessarily stay in litigation.  This is especially true if a court sanctions counsel for litigation misconduct.  News about such conduct travels quickly. Inevitably, it catches the attention of a different, and potentially more dangerous, audience–the Office of Enrollment and Discipline (OED).  Depending on the nature and severity of the litigation misconduct, an OED ethics investigation followed by formal charges alleging litigation counsel violated the USPTO’s Rules of

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Mega Firm Withdraws From Patent Infringement Suit After Former Client Alleges Conflict of Interest

Leave a Comment / Conflicts of Interest, Patent Litigation Ethics / By

On September 29, 2014, K&L Gates voluntarily withdrew as defendant’s counsel in a patent infringement action after the plaintiff asked a California federal district court to disqualify the Am Law 100 firm for a conflict of interest because the firm had previously represented the plaintiff regarding the same patents at issue in the litigation. See

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OED Disciplines Patent Attorney Accused of Child Molestation

Leave a Comment / Suspension, USPTO Director Decisions / By

Not long ago, David C. Plache was a licensed physician, a licensed attorney, and a registered patent practitioner. Then came a 29-count indictment for child sex abuse, which ultimately led to a conviction for child endangerment. Plache subsequently lost his right to practice medicine and his state bar license was suspended for three years. On

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“Super Lawyer” Resigns From USPTO Bar Following Ethics Complaint

1 Comment / Patent Attorney Disciplinary Matters, PTO Ethics Decisions, PTO Ethics Rules, USPTO Director Decisions / By

Warning to all patent and trademark practitioners—allowing a non-practitioner to “ghost sign” your name on papers filed with the USPTO can be hazardous to your law license. So learned the named partner of a large IP boutique firm who routinely allowed a non-attorney assistant to sign his name on documents filed with the Office. In

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