CAFC Sanctions Patent Atty For Frivolous Appeal; Is USPTO Discipline Next?

Michael E. McCabe, Jr.District Court Litigation, IP Litigation Sanctions, Litigation Ethics, Patent Ethics, Patent Litigation Ethics0 Comments

The Federal Circuit on Friday affirmed a district court’s order imposing sanctions against a Colorado patent attorney and his patentee client for vexatious litigation.  Doubling down, the Federal Circuit imposed its own sanctions for what it says was a frivolous appeal.  See Walker v. Health International Corp., No. 15-1676 (Fed. Cir. Jan. 6, 2017).  The CAFC’s ruling opens the door to a possible ethics … Read More

Federal Judge Orders DOJ Prosecutors To Undergo Formal Ethics Training

Michael E. McCabe, Jr.Duty of Candor, Duty to Tribunal0 Comments

Finding federal government attorneys from the Department of Justice engaged in a “calculated plan of unethical conduct”, a federal judge in Texas has ordered hundreds of the agency’s lawyers to receive formal ethics training as a sanction for lying about the status of more than 100,000 migrants.  See Texas v. United States, Civ. No. B-14-254 (S.D. Tex. May 19, 2016) … Read More

CAFC Muzzles Attorneys’ Appeal From Terminating Sanctions In Patent Case

Michael E. McCabe, Jr.District Court Litigation, IP Litigation Sanctions0 Comments

In a 2-1 decision, a panel of the Court of Appeals for the Federal Circuit ruled it lacked jurisdiction to hear an appeal of an order imposing terminating sanctions in a patent case based upon trial counsels’ conduct in misleading the court about evidence of an on-sale bar.  The Federal Circuit ruled that because the parties in the underlying action settled, … Read More

Jackass Of The Month: IP Lawyer Sanctioned For “Maelstrom of Misconduct” In Pro Se Divorce Case

Michael E. McCabe, Jr.Civility/Professionalism, Duty to Tribunal, Patent Attorney Disciplinary Matters, Patent Ethics0 Comments

This month we launched the “Jackass of the Month” award. The award recognizes the IP practitioner whose exceptional or extraordinary conduct befits the title of being, well, a real jackass. This month’s award goes to Anthony J. Zappin, a 30-year-old Ivy League-educated patent attorney.  Zappin was  slapped last week with a reprimand and $10,000 fine by New York State Supreme … 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