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An ethics blog for IP attorneys

Get Out Of Town: The Ethical Perils Of Outsourcing IP Services

By Michael E. McCabe, Jr. | August 31, 2015

Many IP lawyers engage other lawyers or nonlawyers as independent contractors, directly or through intermediaries, to provide various legal and nonlegal support services. The outsourcing market, often referred to as the “legal process outsourcing” market or “professional employer organization” market, is a multi-billion dollar industry. While there is nothing per se unethical about a lawyer outsourcing […]

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Lawyers Need To Know When It’s Time To Shut Up

By Michael E. McCabe, Jr. | August 25, 2015

I was on a long flight recently and had the misfortune to have to sit behind two lawyers for several hours.  For almost the entire duration of the flight, the attorneys were involved in a detailed discussion about what was obvious (to me anyway) to be a client matter.  They were discussing an upcoming deposition, […]

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Law Firms Tell Mass. Supreme Court No Subject Matter Conflict In Patent Prosecution Unless Claims “Identical” Or “Mere Obvious Variants”

By Michael E. McCabe, Jr. | August 24, 2015

On August 20, 2015, eleven law firms filed a joint amicus brief in the Supreme Judicial Court of Massachusetts in Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner.  In Maling, the Massachusetts high court requested amicus briefing on whether Finnegan Henderson’s concurrent representation of two different clients who were allegedly seeking patent protection at the […]

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What They Didn’t Teach In Law School: The Ethical Duty Of “Technical Competence”

By Michael E. McCabe, Jr. | August 17, 2015

“True wisdom is knowing what you don’t know.” — Confucius One of my former partners, a brilliant patent lawyer who was (and is) widely respected in the patent bar, used his desktop computer for one purpose and one purpose only—as a convenient surface on which to attach yellow sticky post-it notes to himself. To my […]

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USPTO Reciprocally Excludes Patent Lawyer Based On State Court Disbarment

By Michael E. McCabe, Jr. | August 14, 2015

 On July 15, 2015, the USPTO Director entered an order excluding Richard Polidi from practice before the Office.  The USPTO Director’s disciplinary action came after the Director of the Office of Enrollment and Discipline (OED) filed a complaint for reciprocal discipline predicated on Mr. Polidi’s disbarment from State Bar of North Carolina. Based on public documents filed […]

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Law Firm Ethics Counsel Provide Risk Management Tips

By Michael E. McCabe, Jr. | August 13, 2015

During the July 31, 2015, semi-annual meeting of the Association of Professional Responsibility Lawyers in Chicago, a panel of APRL attorneys who serve as their law firm’s internal ethics counsel discussed some of the common dilemmas and issue they face in their daily practice of representing their law firm client. The issues addressed during this sesssion […]

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OED Discipline For IP Practitioners Who Use “Snitch” Threats For Tactical Gain

By Michael E. McCabe, Jr. | August 11, 2015

  “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 […]

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The “Rat Rule” And USPTO Discipline – Reporting Ethical Violations To OED (Part 1)

By Michael E. McCabe, Jr. | August 10, 2015

“Never rat out your friends. And always keep your mouth shut.” – Robert De Niro, GoodFellas I am of Sicilian ancestry, raised in an Italian household in an Italian neighborhood in Brooklyn.  Despite this upbringing, it was not until I was an adult when I first learned about the “Code of Silence” known as “omertà.” […]

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Drunk Driving Can Lead To Professional Discipline

By Michael E. McCabe, Jr. | July 1, 2015

The Bar cares when you’ve stayed too long at the bar. Attorneys need to be mindful that a conviction for drunk driving may impact their ability to practice law. Practitioners who are subject to the disciplinary jurisdiction of the USPTO, for example, must advise the Office of Enrollment and Discipline within 30 days of any criminal […]

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The Ethics of Independence

By Michael E. McCabe, Jr. | July 1, 2015

“Everything that is really great and inspiring is created by the individual who can labor in freedom” – Albert Einstein As we prepare to celebrate the birthday of our country’s independence, I am reminded that we, as lawyers, owe a significant ethical duty to exercise independence in the representation of our clients.  As an attorney, […]

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