IPethics & INsights

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By: McCabe Law LLC

Latest from IPethics & INsights - Page 2

The Office of Enrollment and Discipline wants registered Patent Agents to know that they cannot practice trademark law. Patent agents are one of the few individuals who are legally authorized to provide legal services without being a member of a State Bar.  Patent agents, like other registered patent practitioners, are authorized to engage in the limited practice of patent law before the USPTO.   Pursuant to federal regulation, a registered patent agent is authorized to “practice…
The Office of Enrollment and Discipline wants registered Patent Agents to know that they cannot practice trademark law. Patent agents are one of the few individuals who are legally authorized to provide legal services without being a member of a State Bar.  Patent agents, like other registered patent practitioners, are authorized to engage in the limited practice of patent law before the USPTO.   Pursuant to federal regulation, a registered patent agent is authorized to “practice…
by Charles Lundberg, Esq. Reprinted with permission. Published March 30, 2020 in Minnesota Lawyer. In a span of less than two weeks, the coronavirus outbreak has caused unprecedented disruption in law firms and created a host of new issues for firm general counsel and ethics partners. Here is a sampling of new ethics and risk management issues that have arisen almost overnight: A new paradigm for civility and reasonableness? Last week, a statement by…
by Charles Lundberg, Esq. Reprinted with permission. Published March 30, 2020 in Minnesota Lawyer. In a span of less than two weeks, the coronavirus outbreak has caused unprecedented disruption in law firms and created a host of new issues for firm general counsel and ethics partners. Here is a sampling of new ethics and risk management issues that have arisen almost overnight: A new paradigm for civility and reasonableness? Last week, a statement by…
Inequitable conduct is supposed to be personal to each individual who owes a duty of disclosure to the USPTO. Thus, just because an inventor may have knowingly and intentionally lied to the USPTO does not mean that prosecution counsel did so as well. Indeed, most prosecutors are in a position where they must rely upon the apparent veracity of their clients and often do not have the time or resources to independently “verify” or “corroborate”…
Inequitable conduct is supposed to be personal to each individual who owes a duty of disclosure to the USPTO. Thus, just because an inventor may have knowingly and intentionally lied to the USPTO does not mean that prosecution counsel did so as well. Indeed, most prosecutors are in a position where they must rely upon the apparent veracity of their clients and often do not have the time or resources to independently “verify” or “corroborate”…
On February 25, 2020, Michael E. McCabe, Jr. was quoted in Law360 (including the lead story in IP360 and Legal Ethics360), in an article entitled “$32M Dentons Verdict Could Put Vereins in the Crosshairs“ by Aebra Coe. The Law360 article addresses the ethical risks of the Swiss verein structure as it relates to conflicts of interest. The case involved a claim that Dentons committed legal malpractice arising from an alleged conflict of interest in…
On February 25, 2020, Michael E. McCabe, Jr. was quoted in Law360 (including the lead story in IP360 and Legal Ethics360), in an article entitled “$32M Dentons Verdict Could Put Vereins in the Crosshairs“ by Aebra Coe. The Law360 article addresses the ethical risks of the Swiss verein structure as it relates to conflicts of interest. The case involved a claim that Dentons committed legal malpractice arising from an alleged conflict of interest in…
From the now-I’ve-heard-everything category, there is this: A plaintiff in a federal action claims that during the course of a mediation of her employment discrimination case, counsel for the defense–a partner with a major international law firm– allegedly “shook his butt” at plaintiff’s counsel while uttering profanity. Plaintiff demands sanctions of $7,000 for the alleged, er, exposure. For its part, the defendant denies that its (now former) counsel engaged in any such lascivious gyrating of…
From the now-I’ve-heard-everything category, there is this: A plaintiff in a federal action claims that during the course of a mediation of her employment discrimination case, counsel for the defense–a partner with a major international law firm– allegedly “shook his butt” at plaintiff’s counsel while uttering profanity. Plaintiff demands sanctions of $7,000 for the alleged, er, exposure. For its part, the defendant denies that its (now former) counsel engaged in any such lascivious gyrating of…