USPTO Suspends Second Ex-Niro IP Attorney For 18 Months

Michael E. McCabe, Jr.District Court Litigation, Duty to Tribunal, IP Litigation Sanctions, Litigation Ethics, Patent Litigation Ethics, PTO Ethics Decisions0 Comments

It’s deja vu all over again: a second ex-Niro IP attorney has received an 18-month suspension from practice before the USPTO. Attorney Paul C. Gibbons, one of four attorneys from the now defunct Niro, Haller & Niro who were sanctioned for vexatious litigation arising from the firm’s representation of NPE Intellect Wireless, settled a disciplinary complaint with the USPTO Director … Read More

USPTO Suspends Former Niro IP Attorney For 18 Months Following Patent Litigation Sanctions

Michael E. McCabe, Jr.District Court Litigation, Duty to Tribunal, IP Litigation Sanctions, Litigation Ethics, Patent Litigation Sanctions, PTO Ethics Decisions1 Comment

The fallout from the Niro, Haller & Niro law firm’s doomed litigation on behalf of Intellect Wireless continues.  For patent litigator David J. Mahalek, the most junior member of the Niro litigation team, the disciplinary shoe of the USPTO did not just drop–it kicked him in the teeth with an 18-month suspension of his law license. Readers may recall that, … Read More

Epic Ethics Legal Battle By Trademark Company Owner Ends Quietly With Resignation

Michael E. McCabe, Jr.Competence, Constitutional Law, District Court Litigation, Exclusion on Consent, Fee-Splitting, PTO Ethics Decisions, Unauthorized Practice of Law, USPTO Director Decisions0 Comments

The three-year ethics saga between Matthew Swyers, owner of The Trademark Company, and the USPTO’s Office of Enrollment and Discipline (OED), ended with a whisper, with Mr. Swyers agreeing to resign from practicing before the USPTO.  By entering into what is called an “exclusion on consent” agreement, Mr. Swyers voluntarily gives up the ability to provide U.S. trademark-related legal services for a minimum of five (5) years.  A copy of the exclusion … Read More

CAFC Finds Patent Holder’s Position On Standing “Unreasonable” And “Remarkably Weak,” Affirms Atty Fees Award

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

On January 25, 2017, the Federal Circuit ruled a district court did not abuse its discretion when it awarded the prevailing party’s attorneys’ fees under 35 U.S.C. § 285 based upon the losing party’s conduct with respect to responding to one particular issue in discovery. In National Oilwell Varco, L.P. v. Omron Oilfield & Marine, Inc., No. 2015-1406, the Federal … Read More

Plaintiff Gets Judicial Scolding: “If This Case Is Not Exceptional, Then There Are None”

Michael E. McCabe, Jr.Attorneys Fees, District Court Litigation, IP Litigation Sanctions, Litigation Ethics, Patent Ethics, Patent Litigation Sanctions4 Comments

It says a lot when the busiest patent judge in the United States calls a patent lawsuit “the clearest example of an exceptional case” he has ever seen. That is precisely what happened earlier this week, when Judge Rodney Gilstrap of the Eastern District of Texas, who personally handles one-quarter of all patent cases filed nationwide, awarded a defendant nearly … Read More

IP Firm Tees Up Dismissal Of Subject Matter Conflict, Negligent Patent Prosecution Malpractice Case

Michael E. McCabe, Jr.Conflicts of Interest, District Court Litigation, Patent Ethics, Patent Malpractice, Patent Subject Matter Conflicts0 Comments

A recent patent malpractice action filed in federal court in New York against an IP firm raises once again the issue of subject matter conflicts between concurrent clients in prosecuting patent applications in a similar field of technology.  The issue of subject matter conflicts in concurrent patent representation continues to be an area of significant interest–and concern–for IP practitioners who … Read More

CAFC Sanctions Patent Atty For Frivolous Appeal; Is USPTO Discipline Next?

Michael E. McCabe, Jr.District Court Litigation, IP Litigation Sanctions, Litigation Ethics, Patent Ethics, Patent Litigation Ethics0 Comments

The Federal Circuit on Friday affirmed a district court’s order imposing sanctions against a Colorado patent attorney and his patentee client for vexatious litigation.  Doubling down, the Federal Circuit imposed its own sanctions for what it says was a frivolous appeal.  See Walker v. Health International Corp., No. 15-1676 (Fed. Cir. Jan. 6, 2017).  The CAFC’s ruling opens the door to a possible ethics … Read More

Day of Reckoning Arrives For Thieving IP Attorney

Michael E. McCabe, Jr.District Court Litigation, Moral turpitide1 Comment

A former senior in-house intellectual property counsel for Hunter Douglas was sentenced Wednesday to nearly six years in federal prison for his role in a fraudulent billing scheme involving fake patent searches. The former patent attorney pleaded guilty in April to federal felony charges of tax evasion and mail fraud arising from his theft of about $5 million from his … Read More