sanctions

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

1 Comment / District Court Litigation, IP Litigation Sanctions, Litigation Ethics, Patent Ethics, Patent Litigation Ethics / By

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 […]

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Federal Judge Orders DOJ Prosecutors To Undergo Formal Ethics Training

1 Comment / Duty of Candor, Duty to Tribunal / By

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

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CAFC Muzzles Attorneys’ Appeal From Terminating Sanctions In Patent Case

Leave a Comment / District Court Litigation, IP Litigation Sanctions / By

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

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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

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