An ethics blog for IP attorneys
To Err Is Human – But Is It Unethical?
“I made a wrong mistake” – Yogi Berra Before his sentencing for orchestrating the largest Ponzi scheme in U.S. history, Bernie Madoff explained to the court he had “made a terrible mistake.” To borrow a line from my 11-year old daughter: “No duh.” Madoff’s “mistake” led to a 150-year prison sentence. In bar disciplinary […]
Massachusetts Supreme Court To Tackle Thorny Issue Of Subject Matter Conflicts In Patent Prosecution
On December 26, 2014, the Supreme Judicial Court of Massachusetts issued the following Announcement in an appeal pending before the court: ANNOUNCEMENT: The Justices are soliciting amicus briefs. Whether, under Mass. R. Prof. C. 1.7, an actionable conflict of interest arose when, according to the allegations in the complaint, attorneys in different offices of the […]
SCOTUS Threatens Sanctions Against Patent Attorney: Is USPTO Ethical Discipline Next?
Last week, the United States Supreme Court turned more than a few heads when it issued an attorney discipline order against Howard Shipley – a partner at Foley & Lardner, LLC – for his conduct relating to a (denied) petition for writ of certiorari. The Supreme Court is demanding that, within 40 days, Shipley show cause “why […]
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, […]
Sony 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 […]
IP 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. […]
Fired 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 […]
Can 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 […]
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 […]