For Your Eyes Only: IP Atty’s Who Misuse Confidential Documents Face Sanctions, Discipline

Michael E. McCabe, Jr.IP Litigation Sanctions, Patent Litigation Ethics, Patent Litigation SanctionsLeave a Comment

Patent and other high technology litigation invariably involves the disclosure of highly confidential technical and financial information.  One of the first orders usually entered in such cases is a protective order, which enables parties to designate and disclose to a limited universe of people what the producing party considers to be confidential information.  Typically, protective orders prohibit the receiving party … 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

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 SanctionsLeave a Comment

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