USPTO Suspends Former Niro IP Attorney For 18 Months Following Patent Litigation Sanctions

Michael E. McCabe, Jr.District Court Litigation, Duty to Tribunal, IP Litigation Sanctions, Litigation Ethics, Patent Litigation Sanctions, PTO Ethics Decisions1 Comment

The fallout from the Niro, Haller & Niro law firm’s doomed litigation on behalf of Intellect Wireless continues.  For patent litigator David J. Mahalek, the most junior member of the Niro litigation team, the disciplinary shoe of the USPTO did not just drop–it kicked him in the teeth with an 18-month suspension of his law license. Readers may recall that, … Read More

IP Litigators Beware: Bad News May Be Hazardous To Your Law License (Part 2 of 2)

Michael E. McCabe, Jr.IP Litigation Sanctions, Patent Ethics, Patent Litigation Ethics, Trademark Ethics, USPTO OED0 Comments

Bad news on the doorstep.  I couldn’t take one more step.  Don McLean – American Pie In the last year, many “bad news” articles have been published arising from IP litigation. Not surprisingly, a growing number of those articles have been based on exceptional case findings and awards of attorneys’ fees under the Octane Fitness standard. Other “bad news” IP … Read More

IP Litigators Beware: Bad News May Be Hazardous To Your Law License (Part 1 of 2)

Michael E. McCabe, Jr.IP Litigation Sanctions, Patent Litigation Ethics, USPTO OED0 Comments

Many years ago, before Al Gore invented the internet and teenagers rode their bicycles before dawn, their palms black with ink, to deliver “the paper,” science fiction novelist Douglas Adams observed, “Nothing travels faster than the speed of light with the possible exception of bad news, which obeys its own special laws.”  Truer words today could not be spoken. Indeed, today the on-line … Read More