Avoiding USPTO Discipline: Five Recommendations for IP Practitioners

Michael E. McCabe, Jr.Competence, Conflicts of Interest, IP Ethics, Malpractice, OED, Office of Enrollment and Discipline, Patent Malpractice, Patent Prosecution Malpractice, Patent Subject Matter Conflicts, USPTO Ethics Investigation, USPTO OED, USPTO Rules of Professional ConductLeave a Comment

The USPTO’s Office of Enrollment and Discipline (OED) exists, in large part, to ensure that patent and trademark practitioner are practicing ethically and in accordance with the Office’s Rules of Professional Conduct.  The OED’s staff includes a dozen attorneys, many of whom have practical experience in the area of IP law.  Whether you have been practicing law for many years … Read More

Patent Prosecution Malpractice: Minimizing the Risk of Claims

Michael E. McCabe, Jr.IP Malpractice, Legal Malpractice, Malpractice, Patent Malpractice, Patent Prosecution MalpracticeLeave a Comment

Malpractice in patent prosecution can be an expensive (very expensive) and time-consuming proposition. Defense costs alone can run well into the seven figures. No patent prosecutor or law firm wants to face that kind of exposure. On February 21, 2019, I will be presenting a 90-minute CLE webinar hosted by Strafford on best practices for minimizing the risks of being … Read More

Untying The IP Ethics Knot

Michael E. McCabe, Jr.Continuing Legal Education, IP Ethics, Legal Ethics, Litigation Ethics, MalpracticeLeave a Comment

Do you worry about ethics in your IP practice?  If not, you should.  There is way too much going on out there, and not knowing what is happening can leave you exposed to ethics and malpractice risk. If you can spare 90 minutes, tune in tomorrow from 1:00-2:30 pm EST for the ABA-IPL Landslide Webinar Series, entitled “Identifying and Resolving Ethical … Read More

Alston & Bird Prevails In $10 Million Patent Litigation Malpractice Suit

Michael E. McCabe, Jr.IP Litigation Malpractice, IP Malpractice, Malpractice, Patent Litigation Malpractice, Patent MalpracticeLeave a Comment

On January 26, 2017, a New York state appeals court panel affirmed a lower court’s dismissal of a $10 million malpractice complaint filed against Alston & Bird LLP.  The court held that the complaint filed by Alston’s former client, high-tech fabric maker Brookwood Cos., Inc., failed to state a plausible claim that Brookwood would have avoided millions of dollars in … Read More

Appeals Court Rejects Belated Alice Defense, Affirms $8 Million Patent Malpractice Award

Michael E. McCabe, Jr.Malpractice, Patent Malpractice1 Comment

The United States Court of Appeals for the Second Circuit rejected yesterday a now defunct Virginia IP firm’s attempt to rely on 35 U.S.C. § 101 and the Supreme Court’s Alice decision as a defense to an $8 million damages award arising from the firm’s negligence in handling a client’s patent application. Protostorm, LLC v. Antonelli, Terry, Stout & Kraus … Read More

Mass. Sup. Ct. Rules In Favor Of Finnegan, Henderson In Subject Matter Conflicts Malpractice Case

Michael E. McCabe, Jr.Malpractice, Patent Ethics1 Comment

On December 23, 2015, the Massachusetts Supreme Judicial Court issued an opinion dismissing a malpractice complaint filed against an IP law firm for failure to state a claim.  See Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.  A copy of the Massachusetts SJC’s opinion is here.  For our previous discussions about the facts and procedural posture of this case, please … Read More

Should A U.S. Federal Court Hear A Foreign Patent Malpractice Case Arising Under Foreign Law?

Michael E. McCabe, Jr.Malpractice, Patent MalpracticeLeave a Comment

“What do you mean ‘my patent lapsed?’ You said You Were Going To Pay The Maintenance Fees.” – Anonymous Client The failure to pay a maintenance fee when you agreed to do so can be a lawyer’s worst nightmare.  The nightmare can be made even worse when, according to the patent owner, the patented technology is so valuable that the iPhone and … Read More

Black Friday Comes Early: $4.95 Flat-Rate Legal Service Raises Ethical Concerns

Michael E. McCabe, Jr.Competence, Conflicts of Interest, Malpractice, Patent EthicsLeave a Comment

Attention all shoppers.  Legal fees now at deeply discounted prices.  The ABA and a cloud-based computing service have launched a new fixed-price program to provide on-demand legal advice for small businesses.  The price? A flat rate of $4.95.  That is not a typo. In a Thursday press release, the ABA and Rocket Lawyer announced that they have begun testing ABA Law Connect in Illinois, Pennsylvania and California. ABA Law Connect … Read More