USPTO Disbars Siemens’ Outside Patent Atty For $2.5M Billing Fraud

Michael E. McCabe, Jr.Consent Resignation, Criminal Conviction, OED, Office of Enrollment and Discipline, Patent Ethics0 Comments

Each year, a number of patent and trademark practitioners agree to exclusion from the USPTO rather than face an OED ethics investigation or USPTO disciplinary action.  While not always the case, such consent exclusions usually involve very serious–and often criminal–practitioner misconduct. One such matter is the case of former patent attorney David N. Caracappa.  See In re David N. Caracappa, Proc. … Read More

District Court Holds USPTO’s Reciprocal Discipline Rule Requires Agency To Impose “Identical” Sanction As State Bar

Michael E. McCabe, Jr.Patent Ethics, Reciprocal Discipline2 Comments

USPTO practitioners take heed — if you are publicly disciplined on ethical grounds by a State Bar, the USPTO must impose the identical disciplinary sanction as the State Bar.  Moreover, Section 11.24 provides practitioners notice regarding the procedure to be followed if a practitioner is disciplined on ethical grounds by another jurisdiction.  Those are the key takeaways from a recent case … Read More

USPTO Reciprocally Excludes Patent Lawyer Based On State Court Disbarment

Michael E. McCabe, Jr.Client Funds, IP Ethics, Patent Ethics, PTO Ethics Decisions, Reciprocal Discipline0 Comments

 On July 15, 2015, the USPTO Director entered an order excluding Richard Polidi from practice before the Office.  The USPTO Director’s disciplinary action came after the Director of the Office of Enrollment and Discipline (OED) filed a complaint for reciprocal discipline predicated on Mr. Polidi’s disbarment from State Bar of North Carolina. Based on public documents filed in the North Carolina disciplinary … Read More

USPTO Disbars Attorney For Engaging In Pattern Of Client Neglect, Deceit, And Misappropriation

Michael E. McCabe, Jr.Discipline, Patent Attorney Disciplinary Matters, PTO Ethics Decisions0 Comments

Never lie, never cheat, never steal. – John Wooden Patent attorney Rodney K. Worrel should have listened to the sage advice of UCLA’s legendary basketball coach. The California-based attorney has been excluded from practice before the USPTO for engaging in a pattern of misconduct that involved multiple acts of neglect, deceit, and conversion of client funds. Administrative Law Judge Alexander … Read More

USPTO Excludes Attorney For Practicing Trademark Law With Suspended License

Michael E. McCabe, Jr.Competence, Discipline, PTO Ethics Decisions, Unauthorized Practice of Law0 Comments

The USPTO Deputy Director has accepted the resignation of a suspended practitioner who was caught prosecuting trademark matters while his USPTO bar license was suspended. The action means the attorney, Leonard Tachner, is excluded from practice before the Office in patent, trademark, and other non-patent matters. In re Tachner, No. D2014-22. The saga of Mr. Tachner’s ethical troubles began ten years ago. At that time, Mr. Tachner worked as a sole … Read More

Alj Fernández Issues Initial Decision Excluding Patent Attorney Who Kept Fees After Failing To Provide Services

Michael E. McCabe, Jr.Client Funds, Communications, Discipline, PTO Ethics Decisions0 Comments

Administrative Law Judge Alexander Fernández issued an initial decision excluding a patent attorney from practice before the USPTO because the attorney accepted fees from a client to prepare a patent application, failed to provide any legal services, and failed to return any of the client’s fee even after the client was awarded a money judgment against the attorney in state court.  In … Read More