Some patent attorneys and agents are under the impression that once they have passed the Patent Bar exam and have earned a PTO registration number, they are essentially registered for life, with no further action required on their part. If you are one of those people, then you should read on. One of the jobs […]
This Post Could Save Your Patent Law License Read More »
Bad news sells. As the author Douglas Adams observed, “Nothing travels faster than the speed of light with the possible exception of bad news, which obeys its own special laws.” Take IP litigation, for example. The mainstream IP media regularly reports on both allegations and court decisions regarding issues relating to attorney conduct–or alleged misconduct.
Litigators Beware: Bad News Can Trigger USPTO Ethics Investigation Read More »
A former female colleague asked me once why nearly all of my clients are men. Frankly, I had never given the matter any thought. It took me awhile even to accept my colleague’s conclusion that nearly all of my clients were, in fact, of the male variety. So I pulled out my list of clients
Is Mommy More Ethical Than Daddy? Read More »
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 »
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 »
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,
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 »
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
