IP Malpractice

Quoted in Law360: “$32M Dentons Verdict Could Put Vereins In The Crosshairs”

On February 25, 2020, Michael E. McCabe, Jr. was quoted in Law360 (including the lead story in IP360 and Legal Ethics360), in an article entitled “$32M Dentons Verdict Could Put Vereins in the Crosshairs“ by Aebra Coe. The Law360 article addresses the ethical risks of the Swiss verein structure as it relates to conflicts of […]

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Patent Prosecution Malpractice: Minimizing the Risk of Claims

Malpractice in patent prosecution can be an expensive (very expensive) and time-consuming proposition. Defense costs alone can run well into the seven figures. No patent prosecutor or law firm wants to face that kind of exposure. On February 21, 2019, I will be presenting a 90-minute CLE webinar hosted by Strafford on best practices for

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Portus Drops Subject Matter Conflict Claim Against Kenyon; Alleges Firm’s Prosecution Malpractice Shortened Patent Term By 3+Years

For the past year, Portus Singapore Pte. Ltd. (“Portus”), a former client of the now-defunct Kenyon & Kenyon (“Kenyon”) law firm, has been trying to get a claim for legal malpractice to stick against its former IP counsel.   So far, Portus’ efforts have been unsuccessful.  On July 28, 2017, Portus took its third bite at

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Finnegan Henderson Committed Legal Malpractice By Favoring Marking Blade Inventor Over Corporate Patent Client: Lawsuit

Who is an IP firm’s patent prosecution client when the firm represents a limited liability company and one of its members is the sole inventor?  Does the answer change if the LLC is never actually formed, and no one ever advises the law firm?  Those are just two questions that appear to be at the

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Alston & Bird Prevails In $10 Million Patent Litigation Malpractice Suit

On January 26, 2017, a New York state appeals court panel affirmed a lower court’s dismissal of a $10 million malpractice complaint filed against Alston & Bird LLP.  The court held that the complaint filed by Alston’s former client, high-tech fabric maker Brookwood Cos., Inc., failed to state a plausible claim that Brookwood would have

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