District Court Tells IP Firm “Don’t Ask Alice,”Confirms $8 Million Malpractice Award For Bungling Patent Application

Michael E. McCabe, Jr.District Court Litigation, Malpractice, Patent Malpractice1 Comment

A federal judge in New York rejected an intellectual property firm’s attempt to rely on the Supreme Court’s 2014 Alice decision as grounds to set aside a jury’s multi-million dollar verdict for mishandling a client’s patent application.  In denying post-trial motions, U.S. District Judge Pamela Chen ruled that Virginia law firm Antonelli Terry Sout & Kraus LLP forfeited its Section 101 defense because … 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

After a Decade of Frivolous Litigation, IP Lawyer Finally Ousted From California Bar

Michael E. McCabe, Jr.Discipline, moral turpitude5 Comments

It should come as no surprise that California intellectual property lawyer Patrick Missud was disbarred for moral turpitude.  After all, Missud clogged the federal and state courts for years with frivolous lawsuits and bizarre, often outrageous, litigation conduct. On October 1, 2014, a Review Board of the State Bar Court of California adopted a hearing panel’s recommendation that Missud be disbarred. See … 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