OED ethics

How Disciplinary Authorities Treat Attorneys Convicted Of Domestic Violence

3 Comments / Discipline, Moral turpitide / By

October is Domestic Violence Awareness Month.  This past year featured several high profile cases of domestic violence. Who can forget the grainy footage of former Baltimore Ravens running back Ray Rice cold-cocking his wife in a casino elevator? Or charges that football star Adrian Peterson had physically abused his own child—which is even more bizarre […]

How Disciplinary Authorities Treat Attorneys Convicted Of Domestic Violence Read More »

“What We’ve Got Here Is Failure To Communicate”  – Preventing The Most Common Cause For Attorney Discipline And Malpractice

2 Comments / Communications, Failure to Communicate, Malpractice, Patent Ethics / By

It is one of the most iconic lines in the history of American cinema.  Spoken by “The Captain”–the sadistic prison warden portrayed in the 1967 film Cool Hand Luke—the “failure to communicate” passage near the top of the American Film Institute’s list of top 100 movie quotations, nestled between “I love the smell of napalm

“What We’ve Got Here Is Failure To Communicate”  – Preventing The Most Common Cause For Attorney Discipline And Malpractice Read More »

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

Leave a Comment / IP Ethics, Reciprocal Discipline, USPTO Director Decisions / By

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

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

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

Leave a Comment / IP Ethics, Reciprocal Discipline, USPTO Director Decisions / By

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

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

To Err Is Human – But Is It Unethical?

2 Comments / IP Ethics, PTO Ethics Decisions, USPTO OED / By

“I made a wrong mistake” – Yogi Berra   Before his sentencing for orchestrating the largest Ponzi scheme in U.S. history, Bernie Madoff explained to the court he had “made a terrible mistake.”  To borrow a line from my 11-year old daughter: “No duh.” Madoff’s “mistake” led to a 150-year prison sentence. In bar disciplinary

To Err Is Human – But Is It Unethical? Read More »

SCOTUS Threatens Sanctions Against Patent Attorney: Is USPTO Ethical Discipline Next?

2 Comments / Competence, Discipline, Supreme Court Ethics / By

Last week, the United States Supreme Court turned more than a few heads when it issued an attorney discipline order against Howard Shipley – a partner at Foley & Lardner, LLC – for his conduct relating to a (denied) petition for writ of certiorari.  The Supreme Court is demanding that, within 40 days, Shipley show cause “why

SCOTUS Threatens Sanctions Against Patent Attorney: Is USPTO Ethical Discipline Next? Read More »

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

Leave a Comment / Discipline, Patent Attorney Disciplinary Matters, PTO Ethics Decisions / By

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

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

Sony Alleges Conflict Of Interest, Wants Acacia In-House And Outside Patent Litigation Counsel DQ’d

Leave a Comment / Conflicts of Interest, District Court Litigation, IP Ethics / By

Motions to disqualify opposing counsel are not uncommon, especially in patent litigation. In many cases, disqualification is sought based on an alleged former client conflict of interest. Former client disqualification motions normally allege that an attorney working in the law firm representing one of the parties to a litigation previously represented the opposing party in

Sony Alleges Conflict Of Interest, Wants Acacia In-House And Outside Patent Litigation Counsel DQ’d Read More »

Scroll to Top