Tales From The OED Crypt: Using Forged Document To Trick Witness Can Get Counsel Treated To Discipline

Michael E. McCabe, Jr.Discipline, Patent Attorney Disciplinary Matters, Patent Litigation Ethics, USPTO Decisions1 Comment

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 question unrelated to the substance … Read More



“Rising Star” Falls For Suspended Trademark Attorney

Michael E. McCabe, Jr.Conflicts of Interest, IP Ethics, PTO Ethics Rules, Trademark, USPTO Director Decisions0 Comments

By all accounts, Jeremy Blackowicz is a fine trademark attorney with a long and bright future ahead. According to a recent version of his law firm’s website, Mr. Blackowicz was an associate in the Boston, Massachusetts intellectual property department of Day Pitney, LLP.  According to the firm’s website, Mr. Blackowicz, a 2001 graduate of Boston University School of Law, has been recognized … Read More



State Bar Discipline Can Be Hazardous To IP Attorneys’ Right To Practice Before The USPTO (Part 2 of 2)

Michael E. McCabe, Jr.IP Ethics, Reciprocal Discipline, USPTO Director Decisions0 Comments

This is the second of a two-part series on reciprocal discipline in the USPTO.  To read the first part click here. Once the notice requirements set forth in Sections 11.24(a) and (b) have been satisfied, Section 11.24(d) dictates the manner in which the disciplinary hearing shall proceed. In accordance with Section 11.24(d), “the USPTO Director shall hear the matter . . … Read More



State Bar Discipline Can Be Hazardous To IP Attorneys’ Right To Practice Before The USPTO (Part 1 of 2)

Michael E. McCabe, Jr.IP Ethics, Reciprocal Discipline, USPTO Director Decisions0 Comments

Consider the following – a patent attorney is investigated and charged by her state bar for violating the state’s code of ethics.  The patent attorney believes her state law license is not particularly relevant or necessary because 100% of her practice is dedicated to patent prosecution.  Therefore, to make the state bar matter “go away” with as little pain as possible, … Read More



IP Ethics – Upcoming CLE Event

Michael E. McCabe, Jr.Continuing Legal Education, IP Ethics0 Comments

On Wednesday, December 10, 2014, the New Jersey Intellectual Property Law Association (NJIPLA) will hold its first ever seminar dedicated exclusively to ethical issues in the practice of intellectual property law.  The half-day program, entitled Ethics in IP, will feature speakers covering a range of ethics topics specifically tailored for the IP practitioner.  Whether your practice is litigation, prosecution, or counseling, the Ethics in IP event … Read More



Patent and Trademark Ethics – Reciprocal Discipline at the USPTO

Michael E. McCabe, Jr.Discipline, PTO Ethics Rules0 Comments

In 2013, the USPTO scrapped its old ethics rules based on the Model Code of Professional Responsibility and promulgated “new” rules modeled after the ABA Model Rules of Professional Conduct. The USPTO recognized it was late to this dance – 49 states and the District of Columbia had already adopted some version of the ABA Model Rules.  The Office’s goal, … Read More