New IP Ethics CLE: A Look at the USPTO’s Focus on Declarations

Michael E. McCabe, Jr.Ethics CLE, IP Ethics CLE, Patent Agent Ethics, Patent Ethics CLE, Trademark ethics, Unauthorized Practice of Law, USPTO Ethics Investigation, USPTO OED, USPTO Rules of Professional ConductLeave a Comment

On Monday, June 1, 2020, I will be moderating an ethics webinar panel discussion on behalf of the ABA’s Intellectual Property Law Section (for which I serve as Chair of the Ethics and Professional Responsibility Committee). The webinar is entitled “A Look at the USPTO’s Focus on Declarations” and will focus on ethics issues relating to signature practices on trademark … 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

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

USPTO Director Reverses ALJ In Disciplinary Case, Rules In Favor Of Attorney

Michael E. McCabe, Jr.Patent Ethics, USPTO Director Decisions, USPTO OEDLeave a Comment

On August 5, 2016, the USPTO Director issued a Final Order reversing an administrative law judge’s initial decision, which had suspended a practitioner for 18 months. The Final Order held the OED Director violated USPTO precedent and mandatory rules regarding reciprocal discipline—37 C.F.R. § 11.24.  The Final Order is significant because it not only confirms the mandatory nature of reciprocal discipline, … Read More

IPO Hosting Webinar on Conflicts of Interest in Patent Prosecution

Michael E. McCabe, Jr.Conflicts of Interest, Continuing Legal Education, Patent EthicsLeave a Comment

On Wednesday, February 10, 2016, at 2:00 PM EST, I will be participating in a webinar hosted by IPO Chat Channel  on Conflicts of Interest in Patent Prosecution in light of the recent decision of the Massachusetts Supreme Court in Maling v. Finnegan, Henderson.  In Maling, a case of first impression, the court rejected the plaintiff’s argument that representing two … Read More

Get Out Of Town: The Ethical Perils Of Outsourcing IP Services

Michael E. McCabe, Jr.Competence, Confidentiality, IP Ethics, Outsourcing, Patent EthicsLeave a Comment

Many IP lawyers engage other lawyers or nonlawyers as independent contractors, directly or through intermediaries, to provide various legal and nonlegal support services. The outsourcing market, often referred to as the “legal process outsourcing” market or “professional employer organization” market, is a multi-billion dollar industry. While there is nothing per se unethical about a lawyer outsourcing legal and non-legal services, ethical … Read More