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 EthicsLeave a Comment

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 TribunalLeave a Comment

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 SanctionsLeave a Comment

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 EthicsLeave a Comment

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