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Mark H. Allenbaugh, a former award-winning Adjunct Professor on Ethics in Business and the Professions at the George Washington University, was suspended for two years from practice before the United States Patent and Trademark Office. The suspension came as a result of a reciprocal disciplinary proceeding commenced by the Office of Enrollment and Discipline after the OED learned that Mr.
It is one of the most iconic lines in the history of American cinema. Spoken by “The Captain”–the sadistic prison warden portrayed in the 1967 film Cool Hand Luke—the “failure to communicate” passage near the top of the American Film Institute’s list of top 100 movie quotations, nestled between “I love the smell of napalm in the morning” (Robert Duvall, Apocalypse Now) and “You ...
This week at “Back to School Night,” I read with great interest some words of wisdom posted on the wall as part of a set of class “Rules.” The children agreed to three basic rules of self-governance: Be nice to others. Don’t use bad words. Be respectful. Lawyers also have their own rules of self-governance, codified in the Rules of Professional Conduct.
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.
On May 15, 2015, the USPTO Director issued an Order suspending Seattle, Washington-based patent and trademark attorney Nam D. Dao for six months for allowing multiple patent and trademark applications to go abandoned without client knowledge or consent, engaging in the unauthorized practice of law, and failing to cooperate with the Office of Enrollment and Discipline’s ethics investigation.
Lawyers often are accused of playing “tricks” in litigation. For those who are familiar with trial tactics, the “trick” label is often nothing more than legal “tradecraft” – the techniques used by experienced litigators to weave a story through a combination of arguments, documents, and witness testimony.
This is a sad case of an attorney with some serious anger management issues who decided to represent himself in a divorce proceeding. In the process, he has made a complete ass of himself, proving once again the adage that, “He who represents himself has a fool for a client and an idiot for a lawyer.” Anthony J.
On August 20, 2015, eleven law firms filed a joint amicus brief in the Supreme Judicial Court of Massachusetts in Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner. In Maling, the Massachusetts high court requested amicus briefing on whether Finnegan Henderson’s concurrent representation of two different clients who were allegedly seeking patent protection at the sam ...
Two recent Circuit Courts of Appeal criticized parties for lack of civility for characterizing their opponent’s arguments as “frivolous.” In the first case, Bennett v. State Farm Mut. Auto. Ins. Co., 731 F.3d 584, 585 (6th Cir. 2013), the Sixth Circuit reversed a judgment in favor of State Farm in a dispute over insurance coverage.
“True wisdom is knowing what you don’t know.” — Confucius One of my former partners, a brilliant patent lawyer who was (and is) widely respected in the patent bar, used his desktop computer for one purpose and one purpose only—as a convenient surface on which to attach yellow sticky post-it notes to himself. To my knowledge, he never turned his computer on.
“Individual commitment to a group effort–that is what makes a team work, a company work, a society work, a civilization work.” –Vince Lombardi Every successful IP lawyer, whether a solo practitioner or a senior partner in a mega-firm, has one thing in common: a great support team of secretaries, legal assistants, technical advisors, and paralegals.
“It is long past time for rationality and uniformity to be brought to the regulation of lawyer advertising,” says the Association of Professional Responsibility Lawyers (APRL) in a comprehensive report released June 22, 2015. The report, which was authored by the APRL’s Regulation of Lawyer Advertising Committee, is the culmination of a two-year study of the ABA Model Rules of ...
“What do you mean ‘my patent lapsed?’ You said You Were Going To Pay The Maintenance Fees.” – Anonymous Client The failure to pay a maintenance fee when you agreed to do so can be a lawyer’s worst nightmare. The nightmare can be made even worse when, according to the patent owner, the patented technology is so valuable that the iPhone and iPad could not work without it.
A federal judge in New York rejected an intellectual property firm’s attempt to rely on the Supreme Court’s 2014 Alice decision as grounds to set aside a jury’s multi-million dollar verdict for mishandling a client’s patent application. In denying post-trial motions, U.S. District Judge Pamela Chen ruled that Virginia law firm Antonelli Terry Sout & Kraus LLP forfeited its ...