An ethics blog for IP attorneys
Patent Lawsuit Dismissed With Prejudice As Sanction For Counsel’s Misrepresentations
“I’m not upset that you lied to me, I’m upset that from now on I can’t believe you.” ― Friedrich Nietzsche U.S. District Judge Keith Ellison may share the German philosopher Nietzsche’s view on lying in the wake of his recent decision in Tesco Corporation v. Weatherford International Inc., 4:08-cv-02531 (S.D. Tex.), in which he dismissed a […]
Read MoreDomestic Violence Conviction Nets Attorney USPTO Reprimand
In a reciprocal discipline matter, the USPTO publicly reprimanded a successful and experienced patent attorney following his criminal conviction for domestic battery. See In re Gortler, No. D2013-06 (USPTO Dir.). Attorney Hugh P. Gortler’s problems began in 2011, soon after he told his wife he wanted a divorce. See In re Gortler, Case Nos. 11-C-2562-DFM (Cal. […]
Read MoreUSPTO Reprimands Patent Attorney for Misusing Confidential Client Information
T The USPTO publicly reprimanded a patent attorney who used information he learned while representing a former client to file, as named plaintiff, a false patent marking lawsuit for his own benefit. In re Cipriani, No. D2012 This disciplinary action arose from attorney Glen Cipriani’s work as an associate on a patent litigation on behalf of […]
Read MoreUpcoming IP Ethics Continuing Legal Education
On Tuesday, September 30, 2014, DuPont and Widener University School of Law will be holding the 2014 Intellectual Property Continuing Legal Education Seminar at the DuPont Country Club in Wilmington, Delaware. The full-day seminar will include a lecture on ethics by Professor David Hricik, a noted author, speaker, and expert on ethical issues in intellectual property law. On Thursday, […]
Read MoreUSPTO Suspends Patent Attorney Convicted Of Soliciting Sex With Minor
On August 19, 2014, USPTO Deputy Director Michelle Lee temporarily suspended a 44-year old patent attorney after his conviction for soliciting sex online with an undercover officer posing as a 14-year old girl. Attorney Robert M. Bohanek’s license will remain suspended until completion of disciplinary proceedings. In re Bohanek, No. D2014-30. According to the Texas Attorney […]
Read MoreFormer Client Publicly Blasts Attorney Suspended by USPTO for Failure to Communicate
The USPTO recently settled a disciplinary action filed against an IP attorney by suspending him from practice before the Office for five (5) months for failing to communicate and allowing his clients’ trademark applications to become abandoned without their knowledge or consent. In re Shaffer, No. D2014-18. This disciplinary matter arose from an attorney’s representation of two […]
Read MoreUSPTO Disciplines Attorney For Billing $1,000 Hourly “Relationship Fee”
The USPTO settled a disciplinary action filed against a non-patent attorney who billed a client thousands of dollars, at a rate of $1,000 per hour, to prepare a patent application and then, without his client’s knowledge or consent, outsourced the legal work to an unaffiliated patent attorney for a fraction of the fee paid by the client. In re Lehat, No. […]
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