IPethics & INsights

Latest from IPethics & INsights

Patent practitioners are keenly aware that inequitable conduct allegations are commonplace in patent litigation.  A finding of inequitable conduct has numerous adverse consequences for patent owners, including the possible loss of patent rights, exposure to antitrust claims, and an award of an accused infringer’s attorneys’ fees.  Because the impact of an inequitable conduct finding is so severe—the Federal Circuit has rather famously referred to the defense as the “atomic bomb” of patent law—it is little…
The letter comes in the mail from OED asking you a few questions about a handful of trademark applications, including whether each form was electronically signed by the respective applicant or attorney. The light bulb still has not hit—you ask yourself who is OED, and why are they asking about signatures. You read further into the letter, known as a Request for Information and Evidence (RFI) and you see allegations of competence, misconduct, and citations…
This article appeared in Law360 on September 23, 2020. (Subscription Required) The rules of ethics adopted by each state are often said to be based upon or modeled after the American Bar Association’s Model Rules of Professional Conduct. While the ABA model rules provide a template for states to consider when adopting their own ethics rules, the states frequently tweak or rewrite the ABA model rules to suit their own interests. Last month, a pair…
Whether you practice in trademark or patent law, you generally want to avoid receiving communication from the Office of Enrollment and Discipline (OED). But what happens when they send you a certified letter that includes a Request for Information and Evidence Under 37 CFR 11.22(a) (RFI)?​​ Understanding one of OED’s core missions, investigating allegations of misconduct by practitioners, is helpful in guiding your thought process. At first, the fear sets in. If your conduct was…
The Covid-19 pandemic and very recent societal upheaval have caused unprecedented times of stress and fear throughout all ranks of the legal profession. These difficult times have especially hit hard those who are in law school and are in the earliest phases of their professional careers. On June 18, 2020, at 1:00 pm ET, a panel of experts will be presenting a 90-minute FREE (to ABA members) webinar. This will be worth your time, so…
The Covid-19 pandemic and very recent societal upheaval have caused unprecedented times of stress and fear throughout all ranks of the legal profession. These difficult times have especially hit hard those who are in law school and are in the earliest phases of their professional careers. On June 18, 2020, at 1:00 pm ET, a panel of experts will be presenting a 90-minute FREE (to ABA members) webinar. This will be worth your time, so…
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 and patent filings. Our panelists will address why signatures have become an issue of interest…
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 and patent filings. Our panelists will address why signatures have become an issue of interest…
These days, it’s good to be a trusts and estates lawyer. While the rest of legal field is scrambling to figure out how to survive the next few weeks and months with little new business coming in and much existing business on hold, attorneys who represent the elderly and infirm report a boom in business. Everyone, it seems, is feeling vulnerable and thinking about their own mortality. How could you not? If it is not…
These days, it’s good to be a trusts and estates lawyer. While the rest of legal field is scrambling to figure out how to survive the next few weeks and months with little new business coming in and much existing business on hold, attorneys who represent the elderly and infirm report a boom in business. Everyone, it seems, is feeling vulnerable and thinking about their own mortality. How could you not? If it is not…