Michael E. McCabe, Jr.

Artificial Intelligence for Lawyers: How To Maintain Your Technical Competency

Leave a Comment / Artificial Intelligence, Competence / By

Lately I have been inundated with news and information about Artificial Intelligence.  It seems that all the legal news is talking about these days, and will not stop talking about, is how AI is going to change my life.  Forever.  In major ways.  As the ABA recently noted, Artificial Intelligence (AI) is changing everything everywhere […]

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Ninth Circuit Holds Rule 45 Subpoena Geographic Limits Apply To Remote Testimony: Is This Doom And Gloom For Trial By Zoom?

Leave a Comment / COVID-19, District Court Litigation, Federal Rules of Civil Procedure, OED, OED USPTO discipline, Office of Enrollment and Discipline, Patent Attorney Disciplinary Matters, USPTO discipline, USPTO Discipline Procedure / By

In an appellate case of first impression on a novel procedural issue, the Ninth Circuit on July 27 in Kirkland v. USBC, Los Angeles, quashed trial subpoenas purporting to command individuals who resided and worked out-of-state and more than 100 miles from the courthouse to “appear” at a hearing by contemporaneous video transmission.  Addressing an

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Office of Enrollment and Discipline Offers Anonymous Ethics Hotline for PTO Practitioners

1 Comment / IP Ethics, OED, Office of Enrollment and Discipline, Patent Ethics, PTO Ethics Decisions, PTO Ethics Rules, USPTO OED, USPTO Rules of Professional Conduct / By

Who are you going to call if you have a question about whether your conduct as a patent or trademark attorney is ethical?   Many state bars offer “ethics hotlines” to aid their members in their understanding of, and compliance with, their obligations under applicable rules of professional conduct. Although the USPTO does not advertise a

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Shots On The House: Above The Law’s State of the Union Drinking Game A Hangover For Lawyers

2 Comments / Alcoholism, Attorney Mental Health, Attorney Wellness, Attorneys and Addiction / By

Above the Law claims it provides legal analysis and relevant commentary on the legal industry.  After reading senior editor Joe Patrice’s recent missive, Finally, A Reason to Drink!! Here’s your guide to making the State of the Union bearable, it seems ATL has discovered a new mission: encouraging attorneys to consume copious amounts of alcohol.

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Lawyers Who “Dabble” In USPTO Trademark Matters Face Nightmare Of OED Ethics Investigations, Discipline

Leave a Comment / Competence, Copyright ethics, IP Ethics, Trademark ethics / By

“A man’s got to know his limitations”  – Clint Eastwood, Magnum Force  (1973) The USPTO’s Office of Enrollment and Discipline has become increasingly active in the last several years, particularly in investigating business or general practice attorneys who dabble in trademark law.  Many have learned the hard way–through an ethics inquiry and possible disciplinary decisions–regarding

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Speak No Evil: When Must You Self-Report Your Misconduct To The USPTO

Leave a Comment / Reciprocal Discipline, Duty to Report Misconduct, Inequitable Conduct, Legal Malpractice, Office of Enrollment and Discipline / By

A court rules a patent attorney engaged in inequitable conduct. A client sues its trademark attorney for malpractice. A state bar files ethics charges against a patent practitioner. The police arrest a patent agent for domestic violence. A litigator is sanctioned by the PTAB under Rule 11.18 for making a frivolous argument. These are situations

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Trademark Ethics: 5 Things That Might Keep You Up At Night

2 Comments / PTO Ethics Decisions, PTO Ethics Rules, Trademark ethics, USPTO Ethics Investigation, USPTO OED, USPTO Rules of Professional Conduct / By

Emil Ali has been keeping very busy representing trademark practitioners in USPTO ethics investigations and disciplinary proceedings.  Next Thursday, May 12, Emil will be sharing his insights into the perilous ethical landscape faced by trademark counsel, in a live online webinar.  Every trademark practitioner should watch and learn from the mistakes others have made!  This

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USPTO Orders Six-Month Suspension For Patent Agent Who Lied To Client About Design App And Failed To Cooperate With OED

3 Comments / Communications, Diligence, Failure to Communicate, Office of Enrollment and Discipline, Patent Agent Ethics, Patent Ethics, Prejudicial to administration of justice, PTO Ethics Decisions, PTO Ethics Rules, RFI, Suspension, USPTO Ethics Investigation / By

The USPTO has ordered a registered patent agent who allowed a patent application to go abandoned, failed to communicate with his client, and failed to cooperate with the Office of Enrollment and Discipline’s ethics investigation to serve a six-month license suspension and one-year probation.  This case presents a cautionary tale for IP practitioners and teaches

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