IP Attorney Challenging Constitutionality Of USPTO OED’s “Abusive” Ethics Investigation

Michael E. McCabe, Jr.OED, Office of Enrollment and Discipline, USPTO Ethics Investigation, USPTO OED1 Comment

An IP attorney has filed a lawsuit against the United States Patent and Trademark Office seeking to prohibit the Agency’s Office of Enrollment and Discipline (OED) from continuing to investigate him for alleged ethics violations because the process employed in conducting the ethics investigation is abusive and violates due process. The complaint, which was filed on January 6, 2016 by … 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

Courts Sanction Patent Counsel for Litigation Misconduct–Will USPTO Discipline Be Next?

Michael E. McCabe, Jr.IP Litigation Sanctions, Misrepresentations, Patent Litigation Ethics0 Comments

What happens in patent litigation does not necessarily stay in litigation.  This is especially true if a court sanctions counsel for litigation misconduct.  News about such conduct travels quickly. Inevitably, it catches the attention of a different, and potentially more dangerous, audience–the Office of Enrollment and Discipline (OED).  Depending on the nature and severity of the litigation misconduct, an OED ethics investigation followed by formal charges alleging litigation counsel violated the USPTO’s Rules of Professional Conduct may prove far … Read More