An ethics blog for IP attorneys
State Bar Discipline Can Be Hazardous To IP Attorneys’ Right To Practice Before The USPTO (Part 2 of 2)
This is the second of a two-part series on reciprocal discipline in the USPTO. To read the first part click here. Once the notice requirements set forth in Sections 11.24(a) and (b) have been satisfied, Section 11.24(d) dictates the manner in which the disciplinary hearing shall proceed. In accordance with Section 11.24(d), “the USPTO Director shall […]
Read MoreDelaware Court Disqualifies Patent Lit. Counsel For Conflict Of Interest
On May 15, 2015, the U.S. District Court for the District of Delaware granted a defense motion disqualifying plaintiff’s counsel in a patent infringement action due to a former client conflict of interest. Innovative Memory Solutions, Inc. v. Micron Tech., Inc., No. 14-1480-RGA (D. Del. May 15, 2015) (order here). Innovative Memory Solutions, Inc. (“IMS”) […]
Read MoreState Bar Discipline Can Be Hazardous To IP Attorneys’ Right To Practice Before The USPTO (Part 1 of 2)
Consider the following – a patent attorney is investigated and charged by her state bar for violating the state’s code of ethics. The patent attorney believes her state law license is not particularly relevant or necessary because 100% of her practice is dedicated to patent prosecution. Therefore, to make the state bar matter “go away” with […]
Read MoreIs The USPTO’s One-Year Statute Of Limitations For Filing An Ethics Complaint Triggered By The OED’s Failure To Investigate Or Willful Blindness?
One of the lesser publicized changes to patent law made by the America Invents Act was the amendment to Title 35, Section 32, which included two separate limitations periods for USPTO disciplinary complaints. As amended, Section 32 states a USPTO disciplinary proceeding must be commenced: not later than the earlier of either the date that […]
Read MoreSupreme Court Spares Patent Attorney From Discipline
Talk about a close call. Patent attorney Howard Shipley is no doubt breathing a sigh of relief today after the Supreme Court dismissed its December 8, 2014, Order to Show Cause why Mr. Shipley should not be sanctioned. The Court issued its rare Show Cause Order after Mr. Shipley filed what his counsel characterized as an “unorthodox” petition for writ […]
Read MoreMass. Sup. Ct. Schedules Oral Argument on Subject Matter Conflicts in Patent Prosecution
How close is too close? That is a question that has perplexed patent attorneys who prepare and prosecute patent applications for multiple clients in the same, or similar, fields of technology. At least one state appeals court has decided to take this question head on. As previously reported in our January 2, 2015, posting, the Justices of […]
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