Finnegan Henderson Committed Legal Malpractice By Favoring Marking Blade Inventor Over Corporate Patent Client: Lawsuit

Michael E. McCabe, Jr.Conflicts of Interest, IP Malpractice, Patent Malpractice10 Comments

Who is an IP firm’s patent prosecution client when the firm represents a limited liability company and one of its members is the sole inventor?  Does the answer change if the LLC is never actually formed, and no one ever advises the law firm?  Those are just two questions that appear to be at the center of a malpractice lawsuit … Read More

Greenberg Traurig Avoids Former Client’s DQ Motion By Consenting To Withdrawal

Michael E. McCabe, Jr.Confidentiality, Conflicts of Interest, IP EthicsLeave a Comment

Greenberg Traurig has apparently decided that discretion is the better part of valor.  The law firm has agreed voluntarily to withdraw as counsel from a litigation rather than face a disqualification motion in which it was charged with a conflict of interest for trying to invalidate patents it helped prosecute.  We previously reported here that Greenberg Traurig had “switched sides” … Read More

New Lawsuit Accuses IP Counsel Of Attacking Same Patents It Prosecuted

Michael E. McCabe, Jr.Confidentiality, Conflicts of Interest, IP Ethics1 Comment

It is Ethics 101 that a law firm cannot use its former client’s confidential information in a substantially related matter on behalf of a different client directly adverse to the former client, at least not without the former client’s informed consent.  The reason for this common sense rule, which prohibits “side-switching,” is that a lawyer’s duty of confidentiality extends beyond … Read More

Don’t Do Me Like That: IP Lawyer Claims Former Partner Stole Firm Trade Secrets

Michael E. McCabe, Jr.IP Ethics, Law Firm Breakups, Trade Secret Misappropriation1 Comment

“Baby why you hurt me leave me and desert me?” — Foolish (2002) Ashanti A California attorney sued his former law partner for allegedly stealing trade secrets and fraudulent billing practices, in violation of a contract detailing the disbanding of the attorneys’ prior partnership. In a complaint filed in U.S. District Court for the Northern District of California on May … Read More

Massachusetts Supreme Court To Tackle Thorny Issue Of Subject Matter Conflicts In Patent Prosecution

Michael E. McCabe, Jr.Conflicts of Interest, IP Ethics, MalpracticeLeave a Comment

On December 26, 2014, the Supreme Judicial Court of Massachusetts issued the following Announcement in an appeal pending before the court: ANNOUNCEMENT: The Justices are soliciting amicus briefs. Whether, under Mass. R. Prof. C. 1.7, an actionable conflict of interest arose when, according to the allegations in the complaint, attorneys in different offices of the same law firm simultaneously represented … Read More