duty of candor to tribunal

Putting On Your Halo: Patent Litigators’ Ethical Duty To Communicate Change In Willfulness Law

Leave a Comment / Duty to Non-Client, Duty to Tribunal, Patent Ethics, Patent Litigation Ethics / By

Last week, the Supreme Court issued an opinion that significantly altered the legal landscape for proving willful infringement in patent cases. In Halo Electronics, Inc. v. Pulse Electronics, Inc., the Supreme Court rejected the Federal Circuit’s two-part Seagate test for awarding enhanced damages under 35 USC § 284, finding that both the substantive requirement for “objective recklessness” […]

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Narrow Scope of “Patent Agent Privilege” Creates Ethical Traps for the Unwary

Leave a Comment / IP Ethics, Office of Enrollment and Discipline, Patent Agent, Patent Ethics, Unauthorized Practice of Law / By

The Federal Circuit’s 2-1 decision yesterday in In re Queen’s University at Kingston resolved a split in the district courts over whether a “patent agent”-client privilege exists independent from the attorney-client privilege. The majority held it does. While the court’s holding provides clarification in this case of first impression, patent agents, their law firm employers,

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