So These Two Lawyers Walk Into A Bar . . . .

Michael E. McCabe, Jr.Confidentiality0 Comments

What sounds like the start of a joke is no laughing matter–at least not for two White House attorneys. As widely reported last week, Don McGahn and Ty Cobb, President Trump’s lawyers, were overheard at a popular D.C. restaurant discussing/arguing about a highly confidential matter concerning their client: namely how cooperative The White House should be with Robert Mueller’s investigation … Read More

Breadth Of PTO Ethics Opinion Could Alter How IP Firms Interact With Foreign Associates

Michael E. McCabe, Jr.Communications, Competence, Conflicts of Interest, Patent Ethics, PTO Ethics Rules, Unauthorized Practice of Law0 Comments

This post is the last of a three-part series reviewing how the USPTO interprets and applies its ethics rules to IP practitioners who represent patent and trademark clients through non-practitioner intermediaries. Where Are We Now: Evolution of PTO Ethics Opinions Thirty years ago, the PTO issued (in 1987 and 1988) ethics opinions regarding very discrete questions concerning two aspects of … Read More

Better Late Than Never: PTO Updates, Expands Ethics Advice On Client Intermediaries

Michael E. McCabe, Jr.Communications, Competence, Conflicts of Interest, Invention Promoters, Office of Enrollment and Discipline, Patent Ethics, PTO Ethics Decisions, Unauthorized Practice of Law0 Comments

This post is the second in a three-part series reviewing how the USPTO interprets and applies its ethics rules to U.S. patent and trademark practitioners who represent clients by working through non-practitioner client intermediaries. In re Mikhailova and USPTO’s Expanded Ethics Guidance Three decades after the OG Notices, the USPTO published a final order in the matter of In re … Read More

Are Your Firm’s Foreign Associate Practices Ethical?

Michael E. McCabe, Jr.Communications, Competence, Conflicts of Interest, IP Ethics, Office of Enrollment and Discipline, Patent Ethics1 Comment

It is commonplace for IP law firms in the United States to receive referrals for patent and trademark application filing, prosecution, and related services from sources other than the actual client.  In one of the most common scenarios, patent and trademark services are directed to a U.S. IP law firm through an intermediary, such as a non-U.S. law firm or … Read More

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 Conduct4 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