Office of Enrollment and Discipline

Litigators Beware: Bad News Can Trigger USPTO Ethics Investigation

IP Litigation Sanctions, Office of Enrollment and Discipline, Patent Ethics, Patent Litigation Ethics /

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.

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You Just Received An OED Bar Grievance. Now What?

OED, Office of Enrollment and Discipline, Patent Ethics /

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),

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USPTO Reciprocal Discipline Case Illustrates Flaw In Rules

Continuing Legal Education, Gross Misconduct, Moral turpitide, Office of Enrollment and Discipline, Reciprocal Discipline, USPTO Director Decisions /

A recent disciplinary decision published by the USPTO Director illustrates a serious flaw in the Office’s rules governing reciprocal discipline.  In re Sanjeev Kumar Dhand, D2016-17 (USPTO Dir. Nov. 16, 2016). California Discipline The factual background of the Dhand case is eerily similar to our post from yesterday (link here).   This matter involves California-based patent

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USPTO Disbars Siemens’ Outside Patent Atty For $2.5M Billing Fraud

Consent Resignation, Criminal Conviction, OED, Office of Enrollment and Discipline, Patent Ethics /

Each year, a number of patent and trademark practitioners agree to exclusion from the USPTO rather than face an OED ethics investigation or USPTO disciplinary action.  While not always the case, such consent exclusions usually involve very serious–and often criminal–practitioner misconduct. One such matter is the case of former patent attorney David N. Caracappa.  See In

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When The Cover-Up Outweighs The Crime: Professional Discipline For Hiding Attorney Errors

Competence, IP Ethics, Office of Enrollment and Discipline /

“As long as the world is turning and spinning, we’re gonna be dizzy and we’re gonna make mistakes” — Mel Brooks In bar disciplinary proceedings, the word “mistake” is often used either to explain, describe, or defend against, a charge of alleged unethical behavior. But is it unethical for an attorney to make an “honest

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PTAB Awards Attorneys’ Fees As Sanction For Protective Order Violation

OED, Office of Enrollment and Discipline, Patent Ethics, PTAB Sanctions /

On July 1, 2016, the Patent Trial and Appeal Board in RPX Corp. v. Applications in Internet Time LLC, IPR2015-01750, 01751 & 01752, ordered patent owner Applications in Internet Time (AIT) to pay petitioner RPX Corp. $13,500 in attorney’s fees as a sanction for violating the Board’s protective order.  The Board found sanctions were warranted

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TM Lawyer’s Attack on Constitutionality of OED Investigation Dismissed–For Now

IP Ethics, OED, Office of Enrollment and Discipline, USPTO Ethics Investigation, USPTO OED /

A federal district judge has dismissed a trademark lawyer’s complaint alleging that the USPTO’s Office of Enrollment and Discipline’s (“OED’s) investigation of him violated his rights under the Fourth and Fifth Amendments of the U.S. Constitution.  The Court held that dismissal of his federal complaint was appropriate because the matters raised in the complaint are

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