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
USPTO Reciprocal Discipline Case Illustrates Flaw In Rules
A recent disciplinary decision published by the USPTO Director illustrates a serious flaw in the Office’s rules governing reciprocal discipline. In re Sanjeev Kumar Dhand, D2016-17 (USPTO Dir. Nov. 16, 2016). California Discipline The factual background of the Dhand case is eerily similar to our post from yesterday (link here). This matter involves California-based patent attorney Sanjeev Kumar Dhand. Mr. … Read More
PTAB Awards Attorneys’ Fees As Sanction For Protective Order Violation
On July 1, 2016, the Patent Trial and Appeal Board in RPX Corp. v. Applications in Internet Time LLC, IPR2015-01750, 01751 & 01752, ordered patent owner Applications in Internet Time (AIT) to pay petitioner RPX Corp. $13,500 in attorney’s fees as a sanction for violating the Board’s protective order. The Board found sanctions were warranted because AIT disclosed the confidential … 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 standard provision in protective orders … Read More
IP Attorney Challenging Constitutionality Of USPTO OED’s “Abusive” Ethics Investigation
An IP attorney has filed a lawsuit against the United States Patent and Trademark Office seeking to prohibit the Agency’s Office of Enrollment and Discipline (OED) from continuing to investigate him for alleged ethics violations because the process employed in conducting the ethics investigation is abusive and violates due process. The complaint, which was filed on January 6, 2016 by … Read More
Tales From The OED Crypt: Using Forged Document To Trick Witness Can Get Counsel Treated To Discipline
Lawyers often are accused of playing “tricks” in litigation. For those who are familiar with trial tactics, the “trick” label is usually nothing more than legal “tradecraft” – the techniques of experienced litigators to weave a story through a combination of arguments, documents, and witness testimony. Pretending to read from a document while asking a question unrelated to the substance … Read More
Bar Counsel Imposes Discipline For “Personal” Misconduct & Legal But Unethical Behavior
Many members of the public, and some attorneys themselves, believe that if they do not lie, they do not steal, and they do not cheat, then their conduct necessarily complies with the Rules of Professional Conduct. This is a false assumption. Others believe that an attorney’s “transgressions” in her personal life will not affect her ability to practice law. This … Read More
The Ethics of Independence
“Everything that is really great and inspiring is created by the individual who can labor in freedom” – Albert Einstein As we prepare to celebrate the birthday of our country’s independence, I am reminded that we, as lawyers, owe a significant ethical duty to exercise independence in the representation of our clients. As an attorney, independence is not a privilege … Read More
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