Posts Tagged: ethics

Money For Nothing: An arbitrator awards Jenner & Block millions for losing case, abandoning its client

Jenner & Block’s demand in the arbitration was for more than $10.2 million in hourly fees, which amounted to more than 70% of the net recovery obtained by Parallel …
By Steve Brachmann
3 years ago 5

Did Jenner & Block breach its fiduciary duty to Parallel Networks with an unreasonable contingency fee?

After losing a case on summary judgment, and at a time when Parallel Networks most needed its counsel to fight to overturn the catastrophic summary judgment ruling, …
By Steve Brachmann
3 years ago 2

Parallel Networks asks SCOTUS to overturn unconscionable arbitration award handed to former counsel

Jenner & Block represented Parallel Networks for 18 months and then lost one of the cases on summary judgment of non-infringement. Four weeks after losing summary judgement, Jenner & Block …
By Steve Brachmann
3 years ago 3

FOIA Request made of USPTO seeking information on rules of judicial conduct for PTAB judges

On Thursday, May 11, 2017, I submitted a Freedom of Information Act (FOIA) request (see bottom) to the United States Patent and Trademark Office (USPTO). My FOIA request seeks …
By Gene Quinn
3 years ago 12

Lex Machina’s online tools can help patent owners spot conflicts of interest at PTAB

Any patent owner facing validity challenges at PTAB who wants to do their own research into any potential conflicts of interest involving their panel of APJs should …
By Steve Brachmann
3 years ago 0

More conflicts of interest surface with second PTAB judge

The blindfold appearing in the common depiction of Lady Justice is there for a reason. According to Wikipedia, Lady Justice has been depicted with a blindfold since …

Is the ethical bar for practitioners higher than it is for PTAB judges?

Had APJ Clements not been a member of the PTAB and one of the patent owners – let’s say Smartflash for example – had come to him and …
By Gene Quinn
3 years ago 21

If PTAB judges can decide cases involving former defense clients USPTO conflict rules must change

If an APJ making decisions in a case within 18 months of having represented a former client complies with whatever USPTO conflict rules or guidelines apply to PTAB …
By Gene Quinn
3 years ago 11

Termination of an OED Disciplinary Proceeding: How A SOL Defense May Be Properly Construed

The Hearing Order concluded that the parties raised sufficient issues of material fact to warrant the ready-to-go Hearing to determine when respondent’s alleged misconduct was actually “…
By Steve Lipman
4 years ago 2

Enter the Sandman: USPTO Unhittable in Reciprocal Discipline Proceedings

Mariano Rivera knows something about perfection. The New York Yankees now-retired pitcher is regarded by many experts as the greatest closer in the history of major league …

OED Discipline for False, Misleading Statements in Brief to CAFC

The USPTO charged that Hicks violated 37 C.F.R. 10.20 et seq.[1] Ultimately, Hicks acknowledged that he violated 37 C.F.R. 10.23(b)(5), which prohibited “conduct that is prejudicial …
By Gene Quinn
6 years ago 1

Bernard Knight Interview Finale

In part 1 of the interview we discussed why he choose McDermott, what it was like working for David Kappos and working with Federal Circuit Judge Ray Chen …
By Gene Quinn
6 years ago 0

Ethics & OED: Practitioner Discipline at PTO July/August 2013

These three proceedings, like every other reciprocal disciplinary proceeding, demonstrate the overwhelming importance of obtaining the best resolution possible when the State ethics authorities come knocking. Because …
By Gene Quinn
6 years ago 1

Ethics & OED: Practitioner Discipline at PTO – May & June 2013

Time and time again in reciprocal discipline proceedings we see the USPTO handing down identical discipline to what was handed out at the State level. This is …
By Gene Quinn
6 years ago 1

Ethics & OED: Practitioner Discipline at PTO – April 2013

One of the things specifically alleged as demonstrating lack of control over his practice was his antiquated docketing system. Until 2005 Tachner used a "white board" system that …
By Gene Quinn
6 years ago 4