Untying The IP Ethics Knot

Michael E. McCabe, Jr.Continuing Legal Education, IP Ethics, Legal Ethics, Litigation Ethics, Malpractice0 Comments

Do you worry about ethics in your IP practice?  If not, you should.  There is way too much going on out there, and not knowing what is happening can leave you exposed to ethics and malpractice risk. If you can spare 90 minutes, tune in tomorrow from 1:00-2:30 pm EST for the ABA-IPL Landslide Webinar Series, entitled “Identifying and Resolving Ethical … Read More

Alston & Bird Prevails In $10 Million Patent Litigation Malpractice Suit

Michael E. McCabe, Jr.IP Litigation Malpractice, IP Malpractice, Malpractice, Patent Litigation Malpractice, Patent Malpractice0 Comments

On January 26, 2017, a New York state appeals court panel affirmed a lower court’s dismissal of a $10 million malpractice complaint filed against Alston & Bird LLP.  The court held that the complaint filed by Alston’s former client, high-tech fabric maker Brookwood Cos., Inc., failed to state a plausible claim that Brookwood would have avoided millions of dollars in … Read More

Appeals Court Rejects Belated Alice Defense, Affirms $8 Million Patent Malpractice Award

Michael E. McCabe, Jr.Malpractice, Patent Malpractice1 Comment

The United States Court of Appeals for the Second Circuit rejected yesterday a now defunct Virginia IP firm’s attempt to rely on 35 U.S.C. § 101 and the Supreme Court’s Alice decision as a defense to an $8 million damages award arising from the firm’s negligence in handling a client’s patent application. Protostorm, LLC v. Antonelli, Terry, Stout & Kraus … Read More

Mass. Sup. Ct. Rules In Favor Of Finnegan, Henderson In Subject Matter Conflicts Malpractice Case

Michael E. McCabe, Jr.Malpractice, Patent Ethics1 Comment

On December 23, 2015, the Massachusetts Supreme Judicial Court issued an opinion dismissing a malpractice complaint filed against an IP law firm for failure to state a claim.  See Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.  A copy of the Massachusetts SJC’s opinion is here.  For our previous discussions about the facts and procedural posture of this case, please … Read More

Should A U.S. Federal Court Hear A Foreign Patent Malpractice Case Arising Under Foreign Law?

Michael E. McCabe, Jr.Malpractice, Patent Malpractice0 Comments

“What do you mean ‘my patent lapsed?’ You said You Were Going To Pay The Maintenance Fees.” – Anonymous Client The failure to pay a maintenance fee when you agreed to do so can be a lawyer’s worst nightmare.  The nightmare can be made even worse when, according to the patent owner, the patented technology is so valuable that the iPhone and … Read More

Black Friday Comes Early: $4.95 Flat-Rate Legal Service Raises Ethical Concerns

Michael E. McCabe, Jr.Competence, Conflicts of Interest, Malpractice, Patent Ethics0 Comments

Attention all shoppers.  Legal fees now at deeply discounted prices.  The ABA and a cloud-based computing service have launched a new fixed-price program to provide on-demand legal advice for small businesses.  The price? A flat rate of $4.95.  That is not a typo. In a Thursday press release, the ABA and Rocket Lawyer announced that they have begun testing ABA Law Connect in Illinois, Pennsylvania and California. ABA Law Connect … Read More

“What We’ve Got Here Is Failure To Communicate”  – Preventing The Most Common Cause For Attorney Discipline And Malpractice

Michael E. McCabe, Jr.Communications, Failure to Communicate, Malpractice, Patent Ethics2 Comments

It is one of the most iconic lines in the history of American cinema.  Spoken by “The Captain”–the sadistic prison warden portrayed in the 1967 film Cool Hand Luke—the “failure to communicate” passage near the top of the American Film Institute’s list of top 100 movie quotations, nestled between “I love the smell of napalm in the morning” (Robert Duvall, … Read More

Law Firms Tell Mass. Supreme Court No Subject Matter Conflict In Patent Prosecution Unless Claims “Identical” Or “Mere Obvious Variants”

Michael E. McCabe, Jr.Conflicts of Interest, Malpractice, Patent Ethics, Patent Malpractice1 Comment

On August 20, 2015, eleven law firms filed a joint amicus brief in the Supreme Judicial Court of Massachusetts in Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner.  In Maling, the Massachusetts high court requested amicus briefing on whether Finnegan Henderson’s concurrent representation of two different clients who were allegedly seeking patent protection at the same time on similar inventions, … Read More