Portus Drops Subject Matter Conflict Claim Against Kenyon; Alleges Firm’s Prosecution Malpractice Shortened Patent Term By 3+Years

Michael E. McCabe, Jr.Competence, IP Malpractice, Patent Prosecution Malpractice0 Comments

For the past year, Portus Singapore Pte. Ltd. (“Portus”), a former client of the now-defunct Kenyon & Kenyon (“Kenyon”) law firm, has been trying to get a claim for legal malpractice to stick against its former IP counsel.   So far, Portus’ efforts have been unsuccessful.  On July 28, 2017, Portus took its third bite at the apple and filed another … Read More

“Your Honor, You Are Stupid, You Suck, Please Decide for Me”

Michael E. McCabe, Jr.ABA Model Rules of Professional Conduct, Civility/Professionalism, Competence0 Comments

With last week’s post on patent attorney Andrew Schroeder, who ran amok in his filings with the USPTO (click), fresh on my mind, I had to chuckle at the blog posted recently in Wordrake (click here), entitled: “Your Honor, You Are Stupid, You Suck, Please Decide For Me.” The post cites several examples of what is purported to be real … Read More

Get Out Of Town: The Ethical Perils Of Outsourcing IP Services

Michael E. McCabe, Jr.Competence, Confidentiality, IP Ethics, Outsourcing, Patent Ethics0 Comments

Many IP lawyers engage other lawyers or nonlawyers as independent contractors, directly or through intermediaries, to provide various legal and nonlegal support services. The outsourcing market, often referred to as the “legal process outsourcing” market or “professional employer organization” market, is a multi-billion dollar industry. While there is nothing per se unethical about a lawyer outsourcing legal and non-legal services, ethical … Read More

What They Didn’t Teach In Law School: The Ethical Duty Of “Technical Competence”

Michael E. McCabe, Jr.ABA Model Rules of Professional Conduct, Competence, Confidentiality, Continuing Legal Education0 Comments

“True wisdom is knowing what you don’t know.” — Confucius One of my former partners, a brilliant patent lawyer who was (and is) widely respected in the patent bar, used his desktop computer for one purpose and one purpose only—as a convenient surface on which to attach yellow sticky post-it notes to himself. To my knowledge, he never turned his … Read More