Liar Liar: What May Ethical Counsel Do When Faced With False Evidence

Michael E. McCabe, Jr.ABA Model Rules of Professional Conduct, Misrepresentations0 Comments

Two Chicago criminal defense lawyers charged with perjury and obstruction of justice were recently acquitted as reported in the Chicago Tribune. The lawyers had been indicted for allegedly coaching defense witnesses to lie under oath. The prosecution pointed to the existence of question and answer scripts seized in a raid of the lawyers’ offices. The Q&A scripts were drafted by … Read More



The “Rat Rule” And USPTO Discipline – Reporting Ethical Violations To OED (Part 1)

Michael E. McCabe, Jr.ABA Model Rules of Professional Conduct, Duty to Report Misconduct, IP Ethics, OED, Office of Enrollment and Discipline, PTO Ethics Rules0 Comments

“Never rat out your friends. And always keep your mouth shut.” – Robert De Niro, GoodFellas I am of Sicilian ancestry, raised in an Italian household in an Italian neighborhood in Brooklyn.  Despite this upbringing, it was not until I was an adult when I first learned about the “Code of Silence” known as “omertà.” I learned that “the Code” … Read More



Delaware Court Disqualifies Patent Lit. Counsel For Conflict Of Interest

Michael E. McCabe, Jr.Conflicts of Interest, District Court Litigation, IP Ethics0 Comments

On May 15, 2015, the U.S. District Court for the District of Delaware granted a defense motion disqualifying plaintiff’s counsel in a patent infringement action due to a former client conflict of interest. Innovative Memory Solutions, Inc. v. Micron Tech., Inc., No. 14-1480-RGA (D. Del. May 15, 2015) (order here). Innovative Memory Solutions, Inc. (“IMS”) filed the infringement action against … Read More



IP Law Firm Pushes Back Against Lawsuit Alleging It Fraudulently Procured Confidential Inventions

Michael E. McCabe, Jr.Confidentiality, District Court Litigation, Duty to Non-Client0 Comments

Intellectual property law firm Kilpatrick Townsend is fighting back against accusations in a recent complaint accusing the firm and its client, Omnicell, Inc., of conspiring to fraudulently obtain confidential information about a third-party’s inventions and then using that information to acquire patents for Omnicell naming only an Omnicell employee as the inventor. MV Circuit Design, Inc. v. Omnicell, Inc., et al., No. 1:14-cv-02028-DAP (Sept. 12, 2014 N.D. Ohio). Misappropriation of Confidential IP  … Read More