Finnegan Henderson

Finnegan Henderson Committed Legal Malpractice By Favoring Marking Blade Inventor Over Corporate Patent Client: Lawsuit

Who is an IP firm’s patent prosecution client when the firm represents a limited liability company and one of its members is the sole inventor?  Does the answer change if the LLC is never actually formed, and no one ever advises the law firm?  Those are just two questions that appear to be at the […]

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Massachusetts Supreme Court To Tackle Thorny Issue Of Subject Matter Conflicts In Patent Prosecution

On December 26, 2014, the Supreme Judicial Court of Massachusetts issued the following Announcement in an appeal pending before the court: ANNOUNCEMENT: The Justices are soliciting amicus briefs. Whether, under Mass. R. Prof. C. 1.7, an actionable conflict of interest arose when, according to the allegations in the complaint, attorneys in different offices of the

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Can IP Litigation Counsel Be Jointly Liable Or Ethically Disciplined For Their Clients’ Intentional Destruction Of Evidence?

On October 29, 2014, ALJ Thomas B. Pender issued an order in Certain Opaque Polymers (Inv. No. 337-TA-883) granting a default judgment of trade secret misappropriation as a sanction for the respondent’s spoliation of electronic evidence and imposing sanctions of $1.9 million against the respondent and its counsel.  The joint liability determination raises troubling legal issues regarding the propriety

Can IP Litigation Counsel Be Jointly Liable Or Ethically Disciplined For Their Clients’ Intentional Destruction Of Evidence? Read More »

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