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 »
An IP attorney has filed a lawsuit against the United States Patent and Trademark Office seeking to prohibit the Agency’s Office of Enrollment and Discipline (OED) from continuing to investigate him for alleged ethics violations because the process employed in conducting the ethics investigation is abusive and violates due process. The complaint, which was filed
IP Attorney Challenging Constitutionality Of USPTO OED’s “Abusive” Ethics Investigation Read More »
This week at “Back to School Night,” I read with great interest some words of wisdom posted on the wall as part of a set of class “Rules.” The children agreed to three general principles of self-governance: Be nice to others. Don’t use bad words. Be respectful. Lawyers also have their own rules of self-governance, codified
USPTO Suspends Attorney For Six Months For Derogatory Patent Filings Read More »
Many members of the public, and some attorneys themselves, believe that if they do not lie, they do not steal, and they do not cheat, then their conduct necessarily complies with the Rules of Professional Conduct. This is a false assumption. Others believe that an attorney’s “transgressions” in her personal life will not affect her
Bar Counsel Imposes Discipline For “Personal” Misconduct & Legal But Unethical Behavior Read More »
“You’re building a rat ship here. A vessel for seagoing snitches” – Al Pacino, Scent of a Woman You represent a patentee in a highly contentious litigation against an accused infringer. The parties hate each other, and the gloves came off months ago–if they were ever on in the first place. Then extraordinarily you
OED Discipline For IP Practitioners Who Use “Snitch” Threats For Tactical Gain Read More »
I still remember vividly today the very first time I signed a paper, as an attorney at law, for filing in court. It was 22 years ago. I remember being nervous. I practiced my signature on a scratch pad, wanting to get it just right, before finally putting ball point to paper. The paper was of heavy bond,
Allowing Someone Else To Type In Your S-Signature On USPTO Documents Is Unethical Read More »
Bad news on the doorstep. I couldn’t take one more step. Don McLean – American Pie In the last year, many “bad news” articles have been published arising from IP litigation. Not surprisingly, a growing number of those articles have been based on exceptional case findings and awards of attorneys’ fees under the Octane Fitness
IP Litigators Beware: Bad News May Be Hazardous To Your Law License (Part 2 of 2) Read More »
