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

Lawyer’s Courtroom Antics Draw One-Year Suspension; Bar Rejects “Stress of Litigation” Defense

Michael E. McCabe, Jr.Discipline, Litigation Ethics0 Comments

A Washington State lawyer was suspended for one year following multiple instances of courtroom misbehavior and making a false report to the police.  See In re Kathryn B. Abele, Wash. Sup. Ct. (Aug. 27, 2015) (en banc). The string of misconduct began during a 13-day trial involving a contentious child custody dispute. During the trial, the lawyer was repeatedly admonished … Read More

Can IP Litigation Counsel Be Jointly Liable Or Ethically Disciplined For Their Clients’ Intentional Destruction Of Evidence?

Michael E. McCabe, Jr.ITC Sanctions0 Comments

On October 29, 2014, ALJ Thomas B. Pender issued an order in Certain Opaque Polymers (Inv. No. 337-TA-883) granting a default judgment of trade secret misappropriation as a sanction for the respondent’s spoliation of electronic evidence and imposing sanctions of $1.9 million against the respondent and its counsel.  The joint liability determination raises troubling legal issues regarding the propriety of joint and several liability … Read More