A Dallas appeals court has upheld a trial court’s ruling in favor of Baker Botts, L.L.P. on its former client’s claim for patent malpractice based on the firm’s simultaneous representation of two clients in the same technical field. See Axcess International, Inc. v. Baker Botts, L.L.P., No. 05-14-01151-CV (Tex. App.–Dallas Mar. 24, 2016) (mem. op.)
Texas Court Upholds Baker Botts Patent Malpractice Win Read More »
The Federal Circuit’s 2-1 decision yesterday in In re Queen’s University at Kingston resolved a split in the district courts over whether a “patent agent”-client privilege exists independent from the attorney-client privilege. The majority held it does. While the court’s holding provides clarification in this case of first impression, patent agents, their law firm employers,
Narrow Scope of “Patent Agent Privilege” Creates Ethical Traps for the Unwary Read More »
In patent litigation, one of the first orders of business is entry of a protective order protecting the participant’s confidential information. While protective orders come in all shapes and sizes, such orders uniformly prohibit a receiving party from disclosing a producing party’s confidential information except to a limited universe of defined individuals. In addition, a
The Wolf: “Just because you are a character doesn’t mean that you have character.” – Pulp Fiction So you say you want to become registered to practice before the USPTO? You possess all the requisite technical skills. You did well in law school. You recently passed the Patent Bar Exam with flying colors. Congratulations. So
Mission Impassable: Moral Character Can Block Applicants From USPTO Bar Membership Read More »
It is not necessarily an easy feat for a suspended lawyer to become readmitted to the Bar. Some jurisdictions prohibit a suspended lawyer from even entering into a law firm. In other jurisdictions, a suspended lawyer may work as a paralegal subject to numerous restrictions and conditions. For lawyers who have practiced for many
The OED Redemption: Director Expediting Petitions To Reinstate Suspended Practitioners Read More »
On Wednesday, February 10, 2016, at 2:00 PM EST, I will be participating in a webinar hosted by IPO Chat Channel on Conflicts of Interest in Patent Prosecution in light of the recent decision of the Massachusetts Supreme Court in Maling v. Finnegan, Henderson. In Maling, a case of first impression, the court rejected the
IPO Hosting Webinar on Conflicts of Interest in Patent Prosecution Read More »
“You are known by the company you keep” – Aesop’s Fables As lawyers, we are often judged by prospective clients based upon the quality of our past or existing clients. If you represent a large, rich, powerful corporation, the message that sends to a prospective client is – if he or she is good enough
On Christmas Eve, I received quite an unexpected surprise–an unsolicited invitation to become a “LinkedIn” connection with none other than Harry S. Truman. Holy cow! After all, it isn’t every day that I am honored to network with a former Commander in Chief of the Armed Forces of the United States of America. Now, I must admit
Attorneys At Grave Risk For Online Fraud: LinkedIn Meets The Nigerian Letter Scam Read More »
