An ethics blog for IP attorneys
I have lived and worked in the Washington, D.C. metro area my entire adult life. Washington is notorious for its traffic. The math for my office commute is simple. Ten hours per week. 500 hours per year. For 30 years. That’s 15,000 hours–or 1.71 years of my life–just going to and from the office. I […]
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Litigators spend much of discovery searching for “hot” documents. In this context, when we say “hot” we mean really awesome, or at least very good, documents. Some documents are smoking gun “hot.” They might be summary judgment “hot.” They could also be your-so-hot-I-cannot-wait-to-play-you-on-cross-examination “hot.” You probably have a separate folder in your trial preparation materials […]
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The USPTO Director excluded a patent attorney on consent following a disciplinary investigation arising from numerous alleged violations of the USPTO’s ethics rules. See In the Matter of Edward Etkin, Proc. No. D2016-05 (USPTO Dir. Jan. 8, 2016). The OED conducted a disciplinary investigation into the conduct of patent attorney Edward Etkin of Brooklyn, New […]
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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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An IP attorney continued his legal education the hard way. He falsely represented to the California Bar that he had completed the mandatory minimum of 25 hours of continuing legal education. In truth, he had completed zero hours of CLE. The result: a one-year suspension. This matter involved California-based patent attorney Jens Edward Hoekendijk. In […]
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Some IP practitioners are unaware of the ethical rules regulating the practice known as “fee-splitting.” In this context, “fee-splitting” refers to the situation where a first USPTO practitioner divides a portion of a client’s fee with a second practitioner who is from a different firm as the first. According to 37 C.F.R. Section 11.105(e), a […]
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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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Guessing wrong about the enforceability of an advanced conflict waiver could lead to unexpectedly bad consequences. One doomsday scenario is illustrated by a recent California immediate appellate court decision in the case of Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing, 244 Cal.App.4th 590 (2016). Sheppard Mullin represented J-M Manufacturing (“J-M”) in a Qui Tam litigation. […]
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Halloween is upon us. We put out the candy bowl and wait for the tiny ballerinas, ghosts, and football players to ring the doorbell and shout “trick or treat.” Despite the seemingly optional “or” language in the request, traditionally the kids will always get the treat. Law firms also prefer “treats” in the form of […]
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Dear Readers, Two years ago, I started IPethics & INsights as a forum for discussing my passion and interest in ethical issues for the intellectual property practitioner. I am very pleased to announce that IPethics & INsights has been nominated for inclusion in The Expert Institute’s “Best Legal Blog” contest in the category of niche and […]
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