Portus Drops Subject Matter Conflict Claim Against Kenyon; Alleges Firm’s Prosecution Malpractice Shortened Patent Term By 3+Years

Michael E. McCabe, Jr.Competence, IP Malpractice, Patent Prosecution Malpractice0 Comments

For the past year, Portus Singapore Pte. Ltd. (“Portus”), a former client of the now-defunct Kenyon & Kenyon (“Kenyon”) law firm, has been trying to get a claim for legal malpractice to stick against its former IP counsel.   So far, Portus’ efforts have been unsuccessful.  On July 28, 2017, Portus took its third bite at the apple and filed another … Read More

Mandatory Ethics Training For Patent Agents Is Long Overdue

Michael E. McCabe, Jr.ABA Model Rule for Minimum Continuing Legal Education, Continuing Legal Education, Patent Ethics, USPTO Rules of Professional Conduct2 Comments

What formal ethics training is required of a U.S. patent agent?  None. What minimal level of competency in ethics must a patent agent demonstrate in order to qualify for a license to practice patent law before the USPTO?  Again, the answer is “None.” For attorneys, ethics training is of considerable importance.  It starts in law school.  Accredited law schools require … Read More

Law, Drugs, Addiction, Death.

Michael E. McCabe, Jr.Alcoholism, Attorneys and Addiction2 Comments

The addiction crisis and its impact on the legal profession are the subjects of two recently published articles. The first is The Lawyer, The Addict, published on July 16 in The New York Times (sub. req.).  It is a powerful story written by the ex-wife of a Silicon Valley-based IP partner.  She recounts her former husband’s painful descent from 20 … Read More

Disciplinary Actions Rise Against Lawyers Who Commit Acts of Domestic Violence: Know The Warning Signs

Michael E. McCabe, Jr.Attorney Domestic Violence, Discipline, Moral turpitide0 Comments

The statistics of reported cases of domestic violence are stunning.  According to the National Coalition Against Domestic Violence (NCADV), 1 in 3 adult women and 1 in 4 adult men have been victims of some form of physical violence by an intimate partner.  Moreover, 1 in 4 women have been victims of “severe physical violence by an intimate partner” in their … Read More

Sue-And-Settle NPE Patent Litigation Tactics May Violate USPTO Ethics Rules

Michael E. McCabe, Jr.Litigation Ethics, Office of Enrollment and Discipline, Patent Ethics, Patent Litigation Ethics, USPTO Ethics Investigation3 Comments

Non-practicing entities who engage in a pattern of filing numerous lawsuits without any intention of testing the merits, solely to extract low ball settlements, should take note that the USPTO’s Office of Enrollment and Discipline (OED) takes a keen interest in such conduct.  A recent “exceptional case” decision in a patent case from federal court in California should give pause … Read More

Finnegan Henderson Committed Legal Malpractice By Favoring Marking Blade Inventor Over Corporate Patent Client: Lawsuit

Michael E. McCabe, Jr.Conflicts of Interest, IP Malpractice, Patent Malpractice10 Comments

Who is an IP firm’s patent prosecution client when the firm represents a limited liability company and one of its members is the sole inventor?  Does the answer change if the LLC is never actually formed, and no one ever advises the law firm?  Those are just two questions that appear to be at the center of a malpractice lawsuit … Read More

For Your Eyes Only: IP Atty’s Who Misuse Confidential Documents Face Sanctions, Discipline

Michael E. McCabe, Jr.IP Litigation Sanctions, Patent Litigation Ethics, Patent Litigation Sanctions0 Comments

Patent and other high technology litigation invariably involves the disclosure of highly confidential technical and financial information.  One of the first orders usually entered in such cases is a protective order, which enables parties to designate and disclose to a limited universe of people what the producing party considers to be confidential information.  Typically, protective orders prohibit the receiving party … Read More

This Post Could Save Your Patent Law License

Michael E. McCabe, Jr.OED, Office of Enrollment and Discipline, Patent Ethics, USPTO Administrative Suspension0 Comments

Some patent attorneys and agents are under the impression that once they have passed the Patent Bar exam and have earned a PTO registration number, they are essentially registered for life, with no further action required on their part.  If you are one of those people, then you should read on. One of the jobs of the USPTO’s Office of … Read More