An ethics blog for IP attorneys
IP Ethics – Upcoming CLE Event
On Wednesday, December 10, 2014, the New Jersey Intellectual Property Law Association (NJIPLA) will hold its first ever seminar dedicated exclusively to ethical issues in the practice of intellectual property law. The half-day program, entitled Ethics in IP, will feature speakers covering a range of ethics topics specifically tailored for the IP practitioner. Whether your practice is litigation, prosecution, or counseling, […]
Read MoreSony Alleges Conflict Of Interest, Wants Acacia In-House And Outside Patent Litigation Counsel DQ’d
Motions to disqualify opposing counsel are not uncommon, especially in patent litigation. In many cases, disqualification is sought based on an alleged former client conflict of interest. Former client disqualification motions normally allege that an attorney working in the law firm representing one of the parties to a litigation previously represented the opposing party in […]
Read MoreIP Law Firm Pushes Back Against Lawsuit Alleging It Fraudulently Procured Confidential Inventions
Intellectual property law firm Kilpatrick Townsend is fighting back against accusations in a recent complaint accusing the firm and its client, Omnicell, Inc., of conspiring to fraudulently obtain confidential information about a third-party’s inventions and then using that information to acquire patents for Omnicell naming only an Omnicell employee as the inventor. MV Circuit Design, Inc. v. Omnicell, Inc., et al., No. 1:14-cv-02028-DAP (Sept. 12, 2014 N.D. […]
Read MoreFired Trademark Attorney And Husband Arrested For Stabbing Law Firm Managing Partner
Job counselors always seem to be full of advice for people who are fired from their jobs. “Go out gracefully” and “don’t burn bridges” are common suggestions for the newly-unemployed. Recently-fired intellectual property attorney Alecia Schmuhl might have benefitted from such words of wisdom. Instead, she sits in a jail cell charged with malicious wounding and abduction while her victims–the managing […]
Read MoreCan IP Litigation Counsel Be Jointly Liable Or Ethically Disciplined For Their Clients’ Intentional Destruction Of Evidence?
On October 29, 2014, ALJ Thomas B. Pender issued an order in Certain Opaque Polymers (Inv. No. 337-TA-883) granting a default judgment of trade secret misappropriation as a sanction for the respondent’s spoliation of electronic evidence and imposing sanctions of $1.9 million against the respondent and its counsel. The joint liability determination raises troubling legal issues regarding the propriety […]
Read MoreCan IP Litigation Counsel Be Jointly Liable Or Ethically Disciplined For Their Clients’ Intentional Destruction Of Evidence?
On October 29, 2014, ALJ Thomas B. Pender issued an order in Certain Opaque Polymers (Inv. No. 337-TA-883) granting a default judgment of trade secret misappropriation as a sanction for the respondent’s spoliation of electronic evidence and imposing sanctions of $1.9 million against the respondent and its counsel. The joint liability determination raises troubling legal issues regarding the […]
Read MoreCAFC Disciplines Patent Litigator Who Forwarded Former Chief Judge’s “BFF” Email To Clients
On November 5, 2014, the Court of Appeals for the Federal Circuit issued an order publicly reprimanding IP litigator Edward R. Reines. See In re Edward R. Reines, 14-MA004 (Fed. Cir. Nov. 5, 2014) (en banc). The discipline is the latest chapter in an unusual saga surrounding an email to Reines from former Chief Circuit Court Judge […]
Read MoreAfter the Protostorm – Court Restricts Intellectual Property Firm’s Spending Following $8 Million Malpractice Judgment
In the wake of a multi-million patent malpractice verdict against Antonelli Terry Stout & Kraus LLP, a federal judge has imposed “temporary” financial restrictions on the Virginia-based IP firm. Protostorm LLC et al. v. Antonelli Terry Stout & Kraus LLP, No. 1:08-cv-00931 (E.D.N.Y.) As discussed in our October 13, 2014 post, Protostorm LLC engaged the Antonelli firm […]
Read MoreAfter Winning Decade-Long Battle To Fix One-Day Late Filing Error, Pharma Company Sues Former IP Counsel For Patent Malpractice
What a difference a day made Twenty-four little hours Brought the sun and the flowers Where there used to be rain – Dinah Washington In the world of pharmaceutical patents, every day of exclusive rights can translate into millions of dollars in additional revenue. Global biopharmaceutical company The Medicines Company (MDCO) knows this all too […]
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