USPTO Suspends Patent Attorney For Neglect, UPL And Failure To Cooperate

Michael E. McCabe, Jr.Discipline, IP Ethics, OED, Office of Enrollment and Discipline0 Comments

On May 15, 2015, the USPTO Director issued an Order suspending Seattle, Washington-based patent and trademark attorney Nam D. Dao for six months for allowing multiple patent and trademark applications to go abandoned without client knowledge or consent, engaging in the unauthorized practice of law, and failing to cooperate with the Office of Enrollment and Discipline’s ethics investigation.  In re Nam D. … Read More

To Err Is Human – But Is It Unethical?

Michael E. McCabe, Jr.IP Ethics, PTO Ethics Decisions, USPTO OED1 Comment

“I made a wrong mistake” – Yogi Berra   Before his sentencing for orchestrating the largest Ponzi scheme in U.S. history, Bernie Madoff explained to the court he had “made a terrible mistake.”  To borrow a line from my 11-year old daughter: “No duh.” Madoff’s “mistake” led to a 150-year prison sentence. In bar disciplinary proceedings, the word “mistake” is … Read More

After the Protostorm – Court Restricts Intellectual Property Firm’s Spending Following $8 Million Malpractice Judgment

Michael E. McCabe, Jr.Malpractice, Patent Malpractice1 Comment

In the wake of a multi-million patent malpractice verdict against Antonelli Terry Stout & Kraus LLP, a federal judge has imposed “temporary” financial restrictions on the Virginia-based IP firm. Protostorm LLC et al. v. Antonelli Terry Stout & Kraus LLP, No. 1:08-cv-00931 (E.D.N.Y.) As discussed in our October 13, 2014 post, Protostorm LLC engaged the Antonelli firm to file a patent application on … Read More

The Perfect Protostorm: Jury Awards Startup $8 Million For Botched Patent Application

Michael E. McCabe, Jr.Failure to Communicate, Malpractice, Patent Litigation Ethics4 Comments

Most patent malpractice cases are the result of not a single error by one person, but a combination of errors, often involving multiple individuals. Such a combination of errors led to a Virginia intellectual property firm’s failure to file its client’s, Protostorm LLC’s, patent application. The end result: on October 10, 2014, a federal judge in New York entered a judgment … 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