A Bottle of White? A Bottle of Red? Perhaps a One-Year Suspension Instead

Michael E. McCabe, Jr.Criminal Conviction, Deceit, Dishonesty, Fraud, Misrepresentations, Moral turpitide, USPTO OED0 Comments

Attorney Rodger Moore enjoys a good bottle of wine.  Evidently, his budget does not. After scamming his local grocery store for years by switching prices on expensive wines for a cheaper variety, Mr. Moore is now paying a hefty price–with his law license. Mr. Moore became licensed to practice law in 2001.  His ethics problems started almost immediately thereafter. In … Read More



Five Strikes And You’re Out At The USPTO

Michael E. McCabe, Jr.Exclusion on Consent, Failure to Communicate, Misrepresentations, Neglect, Unauthorized Practice of Law0 Comments

The USPTO Director excluded a patent attorney on consent following a disciplinary investigation arising from numerous alleged violations of the USPTO’s ethics rules.  See In the Matter of Edward Etkin, Proc. No. D2016-05 (USPTO Dir. Jan. 8, 2016). The OED conducted a disciplinary investigation into the conduct of patent attorney Edward Etkin of Brooklyn, New York. The OED found that … Read More



Liar Liar: What May Ethical Counsel Do When Faced With False Evidence

Michael E. McCabe, Jr.ABA Model Rules of Professional Conduct, Misrepresentations0 Comments

Two Chicago criminal defense lawyers charged with perjury and obstruction of justice were recently acquitted as reported in the Chicago Tribune. The lawyers had been indicted for allegedly coaching defense witnesses to lie under oath. The prosecution pointed to the existence of question and answer scripts seized in a raid of the lawyers’ offices. The Q&A scripts were drafted by … Read More



EXTRA EXTRA: Attorney Abides By Rules Of Professional Conduct; No Discipline Imposed

Michael E. McCabe, Jr.Duty to Tribunal, IP Litigation Sanctions, Misrepresentations4 Comments

Attorney disciplinary matters involving illegal, immoral, incompetent, negligent, unprofessional, or unethical behavior by intellectual property practitioners are a frequent source of news in the IP media outlets. When an attorney does not violate the ethics rules, that fact, in and of itself, is rarely the subject of discussion. Then there are those rare occasions where an attorney’s adherence to the … Read More



Patent Attorney Who Lied to Client and Bar Counsel Receives Two-Month Suspension

Michael E. McCabe, Jr.Misrepresentations, Patent Attorney Disciplinary Matters, USPTO Director Decisions0 Comments

“It is strange the way the ignorant and inexperienced so often and so undeservedly succeed when the informed and the experienced fail.” – Mark Twain in Eruption Phillip Pippenger is one very lucky patent attorney.  In the world of attorney discipline, the mental state of the attorney is an important factor in determining the type and severity of discipline bar counsel … Read More



Courts Sanction Patent Counsel for Litigation Misconduct–Will USPTO Discipline Be Next?

Michael E. McCabe, Jr.IP Litigation Sanctions, Misrepresentations, Patent Litigation Ethics0 Comments

What happens in patent litigation does not necessarily stay in litigation.  This is especially true if a court sanctions counsel for litigation misconduct.  News about such conduct travels quickly. Inevitably, it catches the attention of a different, and potentially more dangerous, audience–the Office of Enrollment and Discipline (OED).  Depending on the nature and severity of the litigation misconduct, an OED ethics investigation followed by formal charges alleging litigation counsel violated the USPTO’s Rules of Professional Conduct may prove far … Read More



Patent Lawsuit Dismissed With Prejudice As Sanction For Counsel’s Misrepresentations

Michael E. McCabe, Jr.IP Litigation Sanctions, Misrepresentations, Patent Litigation Ethics0 Comments

“I’m not upset that you lied to me, I’m upset that from now on I can’t believe you.” ― Friedrich Nietzsche U.S. District Judge Keith Ellison may share the German philosopher Nietzsche’s view on lying in the wake of his recent decision in  Tesco Corporation v. Weatherford International Inc., 4:08-cv-02531 (S.D. Tex.), in which he dismissed a patent infringement action with prejudice … Read More