An ethics blog for IP attorneys
Mega Firm Withdraws From Patent Infringement Suit After Former Client Alleges Conflict of Interest
On September 29, 2014, K&L Gates voluntarily withdrew as defendant’s counsel in a patent infringement action after the plaintiff asked a California federal district court to disqualify the Am Law 100 firm for a conflict of interest because the firm had previously represented the plaintiff regarding the same patents at issue in the litigation. See […]
“Super Lawyer” Resigns From USPTO Bar Following Ethics Complaint
Warning to all patent and trademark practitioners—allowing a non-practitioner to “ghost sign” your name on papers filed with the USPTO can be hazardous to your law license. So learned the named partner of a large IP boutique firm who routinely allowed a non-attorney assistant to sign his name on documents filed with the Office. In […]
Patent and Trademark Ethics – Reciprocal Discipline at the USPTO
In 2013, the USPTO scrapped its old ethics rules based on the Model Code of Professional Responsibility and promulgated “new” rules modeled after the ABA Model Rules of Professional Conduct. The USPTO recognized it was late to this dance – 49 states and the District of Columbia had already adopted some version of the ABA […]
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 […]
Domestic 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. […]
USPTO 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 […]
Upcoming 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, […]