The USPTO has ordered a registered patent agent who allowed a patent application to go abandoned, failed to communicate with his client, and failed to cooperate with the Office of Enrollment and Discipline’s ethics investigation to serve a six-month license suspension and one-year probation. This case presents a cautionary tale for IP practitioners and teaches […]
Non-practicing entities who engage in a pattern of filing numerous lawsuits without any intention of testing the merits, solely to extract low ball settlements, should take note that the USPTO’s Office of Enrollment and Discipline (OED) takes a keen interest in such conduct. A recent “exceptional case” decision in a patent case from federal court
Sue-And-Settle NPE Patent Litigation Tactics May Violate USPTO Ethics Rules Read More »
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,
This month’s “Jackass of the Month” award featured many fine contestants. Each exhibited the qualities of a true jackass — arrogance, intentional disregard of the law, superiority, and narcissim, to name a few. But one attorney stood out head and shoulders above the crowd for his truly loathsome behavior as not only an officer of
Former Prosecutor Who Forged Indictment Wins Jackass of Month Award Read More »
Lawyers often are accused of playing “tricks” in litigation. For those who are familiar with trial tactics, the “trick” label is usually nothing more than legal “tradecraft” – the techniques of experienced litigators to weave a story through a combination of arguments, documents, and witness testimony. Pretending to read from a document while asking a
A Washington State lawyer was suspended for one year following multiple instances of courtroom misbehavior and making a false report to the police. See In re Kathryn B. Abele, Wash. Sup. Ct. (Aug. 27, 2015) (en banc). The string of misconduct began during a 13-day trial involving a contentious child custody dispute. During the trial,
“You’re building a rat ship here. A vessel for seagoing snitches” – Al Pacino, Scent of a Woman You represent a patentee in a highly contentious litigation against an accused infringer. The parties hate each other, and the gloves came off months ago–if they were ever on in the first place. Then extraordinarily you
OED Discipline For IP Practitioners Who Use “Snitch” Threats For Tactical Gain Read More »
