OED Discipline For IP Practitioners Who Use “Snitch” Threats For Tactical Gain

Michael E. McCabe, Jr.ABA Model Rules of Professional Conduct, Duty to Report Misconduct, IP Ethics, OED, Office of Enrollment and Discipline, PTO Ethics Rules, USPTO OED0 Comments

  “You’re building a rat ship here. A vessel for seagoing snitches” – Al Pacino, Scent of a Woman You represent a patentee in a highly contentious litigation against an accused infringer.  The parties hate each other, and the gloves came off months ago–if they were ever on in the first place. Then extraordinarily you catch your opposing counsel in a … Read More

The “Rat Rule” And USPTO Discipline – Reporting Ethical Violations To OED (Part 1)

Michael E. McCabe, Jr.ABA Model Rules of Professional Conduct, Duty to Report Misconduct, IP Ethics, OED, Office of Enrollment and Discipline, PTO Ethics Rules0 Comments

“Never rat out your friends. And always keep your mouth shut.” – Robert De Niro, GoodFellas I am of Sicilian ancestry, raised in an Italian household in an Italian neighborhood in Brooklyn.  Despite this upbringing, it was not until I was an adult when I first learned about the “Code of Silence” known as “omertà.” I learned that “the Code” … Read More