In The News

Quoted in The American Lawyer Daily Business Review – Greenberg Traurig Accused of Trying to Invalidate the Same Patents it Prosecuted

Michael E. McCabe, Jr. was quoted by The American Lawyer Daily Business Review on May 11, 2017, in an article entitled “Greenberg Traurig Accused of Trying to Invalidate the Same Patents it Prosecuted” (by Monika Gonzalez Mesa).  The article discusses a lawsuit recently filed in California state court against Greenberg Traurig (complaint here), which represented a client in filing a provisional patent application.  A different law firm filed a non-utility patent application that claimed priority to the provisional patent application filed by Greenberg Traurig.  A patent eventually issued, and the former Greenberg client licensed it to a a third party, which subsequently breached its contract with the patent owner.  When the patent owner sued to enforce its contractual rights, Greenberg Traurig, which appeared on behalf of the defendant/licensee, asserted a counterclaim alleging that its former client’s patent is invalid.  The former client seeks monetary damages from Greenberg Traurig for breach of fiduciary duty, interference with contractual relations, and professional malpractice arising from Greenberg’s alleged conflict of interest.

Quoted in IPPro Patents–Chinese Patent Agent Denied USPTO License

Michael E. McCabe, Jr. was quoted by IPPro Patents on April 10, 2017, in an article entitled “Chinese Patent Agent Denied USPTO License” (by Barney Dixon).  The IPPro Patents article discussed the implications of the Federal Circuit’s April 5 decision affirming the USPTO’s denial of the application of Jinyang Guo to become registered as a patent agent.  See Guo v. Lee, No. 2017-1244 (Fed. Cir. Apr. 5, 2017).  The Court held that Mr. Guo, a Chinese national and nonimmigrant alien with an electrical engineering background, was limited in the type of work he was permitted to pursue based upon the authority he had received from U.S. Citizenship and Immigration Services, which permitted him to pursue temporary employment in the area of electrical and electronics engineering–not patent law.  The court reaffirmed decades of precedent that preparation and prosecution of patent applications is the practice of law, even if an engineering or science background may be necessary to provide such services.

Quoted In World Trademark Review, Dispute Between USPTO and Controversial Trademark Filer Ends

On February 21, 2017, Michael E. McCabe, Jr. was quoted in World Trademark Review in its article entitled “Dispute Between USPTO and Controversial Trademark Filer Ends” (by Trevor Little).  The World Trademark Review article quotes Mr. McCabe’s IPethics & INsights law blog article (here), which broke the story regarding The Trademark Company‘s Matthew H. Swyers and the conclusion of his 3-year ethics legal battle against the USPTO’s Office of Enrollment and Discipline.  As noted in the IPethics article, the disciplinary proceeding against Mr. Swyers ended when he agreed to be excluded from practicing in trademark and other non-patent matters before the USPTO.