2016 USPTO Disciplinary Decisions – The Year In Review

Michael E. McCabe, Jr.USPTO Decisions, USPTO Director Decisions, USPTO Ethics Investigation, USPTO OED0 Comments

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

A Bottle of White? A Bottle of Red? Perhaps a One-Year Suspension Instead

Michael E. McCabe, Jr.Criminal Conviction, Deceit, Dishonesty, Fraud, Misrepresentations, Moral turpitide, USPTO OED0 Comments

Attorney Rodger Moore enjoys a good bottle of wine.  Evidently, his budget does not. After scamming his local grocery store for years by switching prices on expensive wines for a cheaper variety, Mr. Moore is now paying a hefty price–with his law license. Mr. Moore became licensed to practice law in 2001.  His ethics problems started almost immediately thereafter. In … Read More

USPTO Reciprocal Discipline Case Illustrates Flaw In Rules

Michael E. McCabe, Jr.Continuing Legal Education, Gross Misconduct, Moral turpitide, Office of Enrollment and Discipline, Reciprocal Discipline, USPTO Director Decisions0 Comments

A recent disciplinary decision published by the USPTO Director illustrates a serious flaw in the Office’s rules governing reciprocal discipline.  In re Sanjeev Kumar Dhand, D2016-17 (USPTO Dir. Nov. 16, 2016). California Discipline The factual background of the Dhand case is eerily similar to our post from yesterday (link here).   This matter involves California-based patent attorney Sanjeev Kumar Dhand. Mr. … Read More

USPTO Director Reverses ALJ In Disciplinary Case, Rules In Favor Of Attorney

Michael E. McCabe, Jr.Patent Ethics, USPTO Director Decisions, USPTO OED0 Comments

On August 5, 2016, the USPTO Director issued a Final Order reversing an administrative law judge’s initial decision, which had suspended a practitioner for 18 months. The Final Order held the OED Director violated USPTO precedent and mandatory rules regarding reciprocal discipline—37 C.F.R. § 11.24.  The Final Order is significant because it not only confirms the mandatory nature of reciprocal discipline, … Read More

Excluded Patent Attorney Appeals To Federal Circuit

Michael E. McCabe, Jr.Client Funds, District Court Litigation, Office of Enrollment and Discipline, Petition to E.D. Va.0 Comments

A patent attorney who was excluded from the USPTO has appealed to the Federal Circuit. By way of background, 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 … Read More

Tales From The OED Crypt: Using Forged Document To Trick Witness Can Get Counsel Treated To Discipline

Michael E. McCabe, Jr.Discipline, Patent Attorney Disciplinary Matters, Patent Litigation Ethics, USPTO Decisions1 Comment

Lawyers often are accused of playing “tricks” in litigation. For those who are familiar with trial tactics, the “trick” label is usually nothing more than legal “tradecraft” – the techniques of experienced litigators to weave a story through a combination of arguments, documents, and witness testimony. Pretending to read from a document while asking a question unrelated to the substance … Read More

USPTO Suspends Former GWU Ethics Professor For Two Years

Michael E. McCabe, Jr.Discipline, IP Ethics, Reciprocal Discipline0 Comments

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

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

Michael E. McCabe, Jr.Competence, Discipline, Supreme Court Ethics2 Comments

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 he should not be sanctioned” … Read More