CAFC Disciplines Patent Litigator Who Forwarded Former Chief Judge’s “BFF” Email To Clients

Michael E. McCabe, Jr.ABA Model Rules of Professional Conduct, Discipline, Federal Circuit Ethics Decisions1 Comment

On November 5, 2014, the Court of Appeals for the Federal Circuit issued an order publicly reprimanding IP litigator Edward R. Reines.  See In re Edward R. Reines, 14-MA004 (Fed. Cir. Nov. 5, 2014) (en banc).  The discipline is the latest chapter in an unusual saga surrounding an email to Reines from former Chief Circuit Court Judge Randall Rader.  That email ultimately led … Read More

After Confessing To Ethics Violation, Patent Attorney Disbarred For Commingling And Converting Client Funds

Michael E. McCabe, Jr.Client Funds, Communications, PTO Ethics DecisionsLeave a Comment

“If you tell the truth you don’t have to remember anything.” – Mark Twain Give patent attorney Stephen Robinson at least a little credit – he was honest about being dishonest. The fact he self-reported his ethical violations to the Kansas Bar was not enough to save his state law license.  In re Stephen R. Robinson, No. 107,311 (Kan. Sup. Ct.). Nor was it sufficient to avoid disbarment … Read More

Patent Attorney Who Lied to Client and Bar Counsel Receives Two-Month Suspension

Michael E. McCabe, Jr.Misrepresentations, Patent Attorney Disciplinary Matters, USPTO Director DecisionsLeave a Comment

“It is strange the way the ignorant and inexperienced so often and so undeservedly succeed when the informed and the experienced fail.” – Mark Twain in Eruption In the world of attorney discipline, the mental state of the attorney is an important factor in determining the type and severity of discipline bar counsel will seek. When the USPTO imposes discipline, an … Read More

“Super Lawyer” Resigns From USPTO Bar Following Ethics Complaint

Michael E. McCabe, Jr.Patent Attorney Disciplinary Matters, PTO Ethics Decisions, PTO Ethics Rules, USPTO Director Decisions1 Comment

Warning to all patent and trademark practitioners—allowing a non-practitioner to “ghost sign” your name on papers filed with the USPTO can be hazardous to your law license. So learned the named partner of a large IP boutique firm who routinely allowed a non-attorney assistant to sign his name on documents filed with the Office. In re Druce, No. D2014-13 (Sept. … Read More

Patent and Trademark Ethics – Reciprocal Discipline at the USPTO

Michael E. McCabe, Jr.Discipline, PTO Ethics RulesLeave a Comment

In 2013, the USPTO scrapped its old ethics rules based on the Model Code of Professional Responsibility and promulgated “new” rules modeled after the ABA Model Rules of Professional Conduct. The USPTO recognized it was late to this dance – 49 states and the District of Columbia had already adopted some version of the ABA Model Rules.  The Office’s goal, … Read More

USPTO Reprimands Patent Attorney for Misusing Confidential Client Information

Michael E. McCabe, Jr.Confidentiality, DisciplineLeave a Comment

T The USPTO publicly reprimanded a patent attorney who used information he learned while representing a former client to file, as named plaintiff, a false patent marking lawsuit for his own benefit.  In re Cipriani, No. D2012 This disciplinary action arose from attorney Glen Cipriani’s work as an associate on a patent litigation on behalf of his former law firm’s client, … Read More

USPTO Suspends Patent Attorney After State Discipline For UPL And Drug Conviction

Michael E. McCabe, Jr.Discipline, PTO Ethics DecisionsLeave a Comment

The USPTO suspended a patent attorney for six months from practicing before the Office following the attorney’s six-month suspension from the Commonwealth of Massachusetts bar. See In re Ramos, No. D2014-09. Timothy A. Ramos’ legal troubles began in 2009 as a result of his work for the Ramos Law Group, Inc., in Ohio. During an eight-month period in 2009, about … Read More