OED discipline

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

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 […]

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

5 Myths About USPTO Ethics Investigations and Disciplinary Complaints

Many IP practitioners are misinformed about the function of the USPTO’s Office of Enrollment and Discipline (OED). Here are the top 5 myths about OED ethics investigations and attorney discipline at the USPTO. Myth #1 – The OED Only Cares About Practice Before the USPTO There is a perception that the USPTO only cares about

5 Myths About USPTO Ethics Investigations and Disciplinary Complaints Read More »

PTAB And District Court Litigators Risk USPTO Ethical Discipline For Protective Order Violations

In patent litigation, one of the first orders of business is entry of a protective order protecting the participant’s confidential information. While protective orders come in all shapes and sizes, such orders uniformly prohibit a receiving party from disclosing a producing party’s confidential information except to a limited universe of defined individuals. In addition, a

PTAB And District Court Litigators Risk USPTO Ethical Discipline For Protective Order Violations Read More »

Circuit Courts Warn: The New “F-Bomb” In Litigation Is “Frivolous”

It pays to be nice. That is the message from two recent Circuit Courts of Appeal decisions that criticized parties for lack of civility because counsel characterized their opponent’s arguments as “frivolous.” In the first case, Bennett v. State Farm Mut. Auto. Ins. Co., 731 F.3d 584, 585 (6th Cir. 2013), the Sixth Circuit reversed a judgment

Circuit Courts Warn: The New “F-Bomb” In Litigation Is “Frivolous” Read More »

“What We’ve Got Here Is Failure To Communicate”  – Preventing The Most Common Cause For Attorney Discipline And Malpractice

It is one of the most iconic lines in the history of American cinema.  Spoken by “The Captain”–the sadistic prison warden portrayed in the 1967 film Cool Hand Luke—the “failure to communicate” passage near the top of the American Film Institute’s list of top 100 movie quotations, nestled between “I love the smell of napalm

“What We’ve Got Here Is Failure To Communicate”  – Preventing The Most Common Cause For Attorney Discipline And Malpractice Read More »

IP Litigators Beware: Bad News May Be Hazardous To Your Law License (Part 1 of 2)

Many years ago, before Al Gore invented the internet and teenagers rode their bicycles before dawn, their palms black with ink, to deliver “the paper,” science fiction novelist Douglas Adams observed, “Nothing travels faster than the speed of light with the possible exception of bad news, which obeys its own special laws.”  Truer words today could not be

IP Litigators Beware: Bad News May Be Hazardous To Your Law License (Part 1 of 2) Read More »

“Rising Star” Falls For Suspended Trademark Attorney

By all accounts, Jeremy Blackowicz is a fine trademark attorney with a long and bright future ahead. According to a recent version of his law firm’s website, Mr. Blackowicz was an associate in the Boston, Massachusetts intellectual property department of Day Pitney, LLP.  According to the firm’s website, Mr. Blackowicz, a 2001 graduate of Boston University

“Rising Star” Falls For Suspended Trademark Attorney Read More »

State Bar Discipline Can Be Hazardous To IP Attorneys’ Right To Practice Before The USPTO (Part 2 of 2)

This is the second of a two-part series on reciprocal discipline in the USPTO.  To read the first part click here. Once the notice requirements set forth in Sections 11.24(a) and (b) have been satisfied, Section 11.24(d) dictates the manner in which the disciplinary hearing shall proceed. In accordance with Section 11.24(d), “the USPTO Director shall

State Bar Discipline Can Be Hazardous To IP Attorneys’ Right To Practice Before The USPTO (Part 2 of 2) Read More »

Scroll to Top