Litigators Beware: Bad News Can Trigger USPTO Ethics Investigation

Michael E. McCabe, Jr.IP Litigation Sanctions, Office of Enrollment and Discipline, Patent Ethics, Patent Litigation Ethics0 Comments

Bad news sells.  As the author Douglas Adams observed, “Nothing travels faster than the speed of light with the possible exception of bad news, which obeys its own special laws.” Take IP litigation, for example.  The mainstream IP media regularly reports on both allegations and court decisions regarding issues relating to attorney conduct–or alleged misconduct.  Some of the more common … Read More

TM Lawyer’s Attack on Constitutionality of OED Investigation Dismissed–For Now

Michael E. McCabe, Jr.IP Ethics, OED, Office of Enrollment and Discipline, USPTO Ethics Investigation, USPTO OED2 Comments

A federal district judge has dismissed a trademark lawyer’s complaint alleging that the USPTO’s Office of Enrollment and Discipline’s (“OED’s) investigation of him violated his rights under the Fourth and Fifth Amendments of the U.S. Constitution.  The Court held that dismissal of his federal complaint was appropriate because the matters raised in the complaint are currently being adjudicated by the … Read More