The Perfect Protostorm: Jury Awards Startup $8 Million For Botched Patent Application

Michael E. McCabe, Jr.Failure to Communicate, Malpractice, Patent Litigation Ethics4 Comments

Most patent malpractice cases are the result of not a single error by one person, but a combination of errors, often involving multiple individuals. Such a combination of errors led to a Virginia intellectual property firm’s failure to file its client’s, Protostorm LLC’s, patent application. The end result: on October 10, 2014, a federal judge in New York entered a judgment … Read More



USPTO Disciplines Attorney For Billing $1,000 Hourly “Relationship Fee”

Michael E. McCabe, Jr.Client Funds, Discipline, PTO Ethics Decisions2 Comments

The USPTO settled a disciplinary action filed against a non-patent attorney who billed a client thousands of dollars, at a rate of $1,000 per hour, to prepare a patent application and then, without his client’s knowledge or consent, outsourced the legal work to an unaffiliated patent attorney for a fraction of the fee paid by the client.   In re Lehat, No. D2013-04. This disciplinary action arose … Read More