2016 USPTO Disciplinary Decisions – The Year In Review

Michael E. McCabe, Jr.USPTO Decisions, USPTO Director Decisions, USPTO Ethics Investigation, USPTO OEDLeave a Comment

To all of you who have been dying to know what happened in the world of ethics and discipline at the USPTO in the past year, I am pleased to say your wait is finally over.  I have written, “2016 USPTO Disciplinary Decisions — The Year in Review.” Why was The 2016 Year in Review necessary?  I for one have … Read More

Five Strikes And You’re Out At The USPTO

Michael E. McCabe, Jr.Exclusion on Consent, Failure to Communicate, Misrepresentations, Neglect, Unauthorized Practice of LawLeave a Comment

The USPTO Director excluded a patent attorney on consent following a disciplinary investigation arising from numerous alleged violations of the USPTO’s ethics rules.  See In the Matter of Edward Etkin, Proc. No. D2016-05 (USPTO Dir. Jan. 8, 2016). The OED conducted a disciplinary investigation into the conduct of patent attorney Edward Etkin of Brooklyn, New York. The OED found that … Read More

When The Cover-Up Outweighs The Crime: Professional Discipline For Hiding Attorney Errors

Michael E. McCabe, Jr.Competence, IP Ethics, Office of Enrollment and Discipline1 Comment

“As long as the world is turning and spinning, we’re gonna be dizzy and we’re gonna make mistakes” — Mel Brooks In bar disciplinary proceedings, the word “mistake” is often used either to explain, describe, or defend against, a charge of alleged unethical behavior. But is it unethical for an attorney to make an “honest mistake”?  Ethical guidance on what seems … Read More

Should A U.S. Federal Court Hear A Foreign Patent Malpractice Case Arising Under Foreign Law?

Michael E. McCabe, Jr.Malpractice, Patent MalpracticeLeave a Comment

“What do you mean ‘my patent lapsed?’ You said You Were Going To Pay The Maintenance Fees.” – Anonymous Client The failure to pay a maintenance fee when you agreed to do so can be a lawyer’s worst nightmare.  The nightmare can be made even worse when, according to the patent owner, the patented technology is so valuable that the iPhone and … Read More

USPTO Suspends Former GWU Ethics Professor For Two Years

Michael E. McCabe, Jr.Discipline, IP Ethics, Reciprocal DisciplineLeave a Comment

Mark H. Allenbaugh, a former award-winning Adjunct Professor on Ethics in Business and the Professions at the George Washington University, was suspended for two years from practice before the United States Patent and Trademark Office. The suspension came as a result of a reciprocal disciplinary proceeding commenced by the Office of Enrollment and Discipline after the OED learned that Mr. Allenbaugh … Read More

USPTO Suspends Patent Attorney For Neglect, UPL And Failure To Cooperate

Michael E. McCabe, Jr.Discipline, IP Ethics, OED, Office of Enrollment and DisciplineLeave a Comment

On May 15, 2015, the USPTO Director issued an Order suspending Seattle, Washington-based patent and trademark attorney Nam D. Dao for six months for allowing multiple patent and trademark applications to go abandoned without client knowledge or consent, engaging in the unauthorized practice of law, and failing to cooperate with the Office of Enrollment and Discipline’s ethics investigation.  In re Nam D. … 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 DecisionsLeave a Comment

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

After the Protostorm – Court Restricts Intellectual Property Firm’s Spending Following $8 Million Malpractice Judgment

Michael E. McCabe, Jr.Malpractice, Patent Malpractice1 Comment

In the wake of a multi-million patent malpractice verdict against Antonelli Terry Stout & Kraus LLP, a federal judge has imposed “temporary” financial restrictions on the Virginia-based IP firm. Protostorm LLC et al. v. Antonelli Terry Stout & Kraus LLP, No. 1:08-cv-00931 (E.D.N.Y.) As discussed in our October 13, 2014 post, Protostorm LLC engaged the Antonelli firm to file a patent application on … Read More