Email To Bar Counsel To “Go F*#k Yourself!!!” Surefire Way To Attorney Discipline (Even In New Jersey)

Michael E. McCabe, Jr.Civility/Professionalism, Duty to Tribunal1 Comment

Like voluntarily sticking one’s head into a lion’s den, communicating with Disciplinary Counsel can be a risky proposition.  Whatever the reason for the communication, attorneys should be mindful not only about what they are saying but how they are saying it.  This is not a difficult concept for most to grasp, but the Bar expects attorneys to conduct themselves in … Read More

Putting Teeth Into The PTAB’s Sanctioning Powers: Is Mohawk A Sign Of Things To Come?

Michael E. McCabe, Jr.IP Ethics, Prejudicial to administration of justice, PTAB Discipline, PTAB Ethics, PTAB Sanctions1 Comment

For federal court practitioners, sanctions have long existed as a deterrent to litigation misconduct and a weapon against gamesmanship.  The federal rules of civil procedure provide a range of tools for litigators who believe their opponents are not abiding by their obligations: Rule 11 checks improper pleadings and other court filings; Rules 26, 30 and 37 curb improper discovery and … Read More

Colorado Man Stole Lawyer’s Identity To Create Fictional Online Law Firm: Criminal Complaint

Michael E. McCabe, Jr.Fraud, Internet Scams, Lawyer Identity Theft, Unauthorized Practice of LawLeave a Comment

Prosecutors in Eagle County, Colorado have filed a five-count criminal complaint against Dak Steiert, alleged mastermind behind a fictitious IP law firm.  According to state prosecutors, Steiert stole the identities of a real patent lawyer and two others to create a fake law firm which he used to lure unsuspecting inventor “clients” into paying thousands of dollars for patent applications … Read More

PTO Excludes Patent Attorney Who Paid Client To Deep-Six Ethics Complaint

Michael E. McCabe, Jr.Patent Ethics, Prejudicial to administration of justice, Settlement ethicsLeave a Comment

Money can buy many things.  When a lawyer and client have a dispute, such as a client’s claim for legal malpractice, money often can buy “peace.”  And when clients and their lawyers settle such a  dispute, it is common for the parties to agree by contract to dismiss—or refrain from filing—a civil complaint. But a lawyer’s ability to buy peace … Read More

Owner Of Phony Patent Law Firm Wants Colorado UPL Case Dismissed

Michael E. McCabe, Jr.Unauthorized Practice of Law2 Comments

The owner of a fake IP law firm that is being sued in Colorado for allegedly engaging in the unauthorized practice of law has filed a motion to have the case dismissed for alleged lack of subject matter and personal jurisdiction. Dak Steiert, the owner of “Intelligent Patent Services,” which purports to be a “patent law firm,” is the subject … Read More

May The LegalForce Be With You: California IP Firm Sues To Stop LegalZoom’s Unauthorized Practice Of Trademark Law

Michael E. McCabe, Jr.Antitrust litigation, LegalZoom Ethics, PTO Ethics Decisions, Trademark ethics, Unauthorized Practice of Law4 Comments

A California IP law firm today filed a lawsuit in federal court seeking to stop LegalZoom for what it alleges are the on-line company’s pervasive and unabated unauthorized practice of trademark law (UPL), in violation of the Rules of Professional Conduct, antitrust law, and state and federal unfair competition law, among other causes of action. LegalForce RAPC Worldwide, P.C. (“LegalForce”), … Read More

Fake Law Firm Misappropriated Practitioners’ Identities To Deceive Inventors: Complaint

Michael E. McCabe, Jr.Unauthorized Practice of Law9 Comments

From its website, “Intelligent Patent Services, LLC” (or IPS) appeared to have all of the trappings of a legitimate patent law firm.  The website included lots of content to back its self-proclaimed status as a “Patent Law Firm.”  The website boasted of supposed connections with legitimate organizations, claiming  its co-founders worked for Stanford University’s Office of Technology Licensing. Dak Steiert, … Read More

Intellectual Ventures Prevails In Capital One Antitrust Suit

Michael E. McCabe, Jr.Antitrust litigation, District Court Litigation, Litigation Ethics, Patent litigation, Patent Litigation EthicsLeave a Comment

On Friday, a Maryland federal judge granted summary judgment in favor of Intellectual Ventures on Capital One’s claims that IV’s acquisition and enforcement of patents relating to banking services violated U.S. antitrust law.  In a 53-page memorandum Opinion, Judge Paul W. Grimm found that IV’s conduct in obtaining and enforcing its patents was immune from antitrust liability based on the … Read More