IP Firm Tees Up Dismissal Of Subject Matter Conflict, Negligent Patent Prosecution Malpractice Case

Michael E. McCabe, Jr.Conflicts of Interest, District Court Litigation, Patent Ethics, Patent Malpractice, Patent Subject Matter Conflicts0 Comments

A recent patent malpractice action filed in federal court in New York against an IP firm raises once again the issue of subject matter conflicts between concurrent clients in prosecuting patent applications in a similar field of technology.  The issue of subject matter conflicts in concurrent patent representation continues to be an area of significant interest–and concern–for IP practitioners who … Read More

Mass. Sup. Ct. Rules In Favor Of Finnegan, Henderson In Subject Matter Conflicts Malpractice Case

Michael E. McCabe, Jr.Malpractice, Patent Ethics1 Comment

On December 23, 2015, the Massachusetts Supreme Judicial Court issued an opinion dismissing a malpractice complaint filed against an IP law firm for failure to state a claim.  See Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.  A copy of the Massachusetts SJC’s opinion is here.  For our previous discussions about the facts and procedural posture of this case, please … Read More

Law Firms Tell Mass. Supreme Court No Subject Matter Conflict In Patent Prosecution Unless Claims “Identical” Or “Mere Obvious Variants”

Michael E. McCabe, Jr.Conflicts of Interest, Malpractice, Patent Ethics, Patent Malpractice1 Comment

On August 20, 2015, eleven law firms filed a joint amicus brief in the Supreme Judicial Court of Massachusetts in Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner.  In Maling, the Massachusetts high court requested amicus briefing on whether Finnegan Henderson’s concurrent representation of two different clients who were allegedly seeking patent protection at the same time on similar inventions, … Read More