An ethics blog for IP attorneys
Litigation Ethics: What To Do With “Hot” Documents
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 […]
USPTO Reciprocal Discipline Case Illustrates Flaw In Rules
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 […]
Lessons in Ethics: Lying About CLE Attendance Is Just So Wrong
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 […]
Ethical Fee-Splitting for IP Practitioners & New ABA Guidance
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 […]
Vote For IPethics & INsights
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 […]
OED Cracks Down On Patent Practitioners Working With Invention Promoters
George Foreman pitches their services on late night television commercials. A Google search for “how to sell my invention” turns up scores of them. Many individual inventors believe they have designed the next “better mouse trap” but typically have no clue how to monetize or market their invention. That is where invention marketing or promotion […]