An ethics blog for IP attorneys
CAFC 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 […]
Read MoreA Modern Day Bonnie and Clyde—Former IP General Counsel and His Spouse Accused Of Racketeering, Theft In Alleged $5 Million Patent Search Billing Scheme
Mary and Jason Throne are not really Bonnie and Clyde. According to a recent lawsuit, however, Jason Throne, who worked for 20 years as a senior patent counsel for Hunter Douglas, and his wife Mary, carried out a fifteen-year fraudulent patent search billing scheme that might have impressed the notorious bank-robbing duo of days yonder. And […]
Read More“The point is, ladies and gentleman, that greed, for lack of a better word, is good. Greed is right, greed works. Greed clarifies, cuts through, and captures the essence of the evolutionary spirit.” — Gorden Gekko, Wall Street. Maybe “greed works” for some. For Alexander James Burke, however, greed may end up being his downfall. On October 16, 2014, Burke, […]
Read MoreThe Perfect Protostorm: Jury Awards Startup $8 Million For Botched Patent Application
Most patent malpractice cases are the result of not a single error by one person, but a combination of errors, often involving multiple individuals. Such a combination of errors led to a Virginia intellectual property firm’s failure to file its client’s, Protostorm LLC’s, patent application. The end result: on October 10, 2014, a federal judge in […]
Read MoreEXTRA EXTRA: Attorney Abides By Rules Of Professional Conduct; No Discipline Imposed
Attorney disciplinary matters involving illegal, immoral, incompetent, negligent, unprofessional, or unethical behavior by intellectual property practitioners are a frequent source of news in the IP media outlets. When an attorney does not violate the ethics rules, that fact, in and of itself, is rarely the subject of discussion. Then there are those rare occasions where […]
Read MorePatent Attorney Who Lied to Client and Bar Counsel Receives Two-Month Suspension
“It is strange the way the ignorant and inexperienced so often and so undeservedly succeed when the informed and the experienced fail.” – Mark Twain in Eruption In the world of attorney discipline, the mental state of the attorney is an important factor in determining the type and severity of discipline bar counsel will seek. […]
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