Search the Archives           Subscribe           About this News Service           Reader Comments


Archived updates for Thursday, April 13, 2006

Patent Ethics Update and Query

Thanks to Mercer University Law School Professor David Hricik at the Legal Ethics Forum for pointing to two different authorities that have so far held that it is per se unethical for a lawyer to provide a non-infringement or invalidity opinion about another client's patent. Va. Op. No. 1774 (Feb. 13, 2003); Andrew Corp. v. Beverly Mfg. Co., 2006 U.S. Dist. LEXIS 6360 (N.D. Ill. Feb. 16, 2006) (non-infringement). "Andrew is particularly worrisome (and wrong)," writes The Ethical Professor "because it concludes that an opinion given by a conflicted lawyer is 'incompetent' as a matter of law, and therefore inadmissible to defend against a charge of willful infringement.

In another post, Professor Hricik points to an opinion by a panel of the Federal Circuit that "held that the enforceability of a patent is determined by the 'would the information have been important to a reasonable examiner' standard, and not the (arguably) narrower standard established in 1992 in 37 CFR 1.56."

Hricik has also generated quite a few comments on a common dilemma for patent prosecutors: "Lawyer in prosecuting application for Client A receives an office action rejecting a claim over a prior art reference. Lawyer looks, and that reference is owned by another Client, Client B. Is this a conflict at all?" According to The Ethical Professor,

Some people say that any response by the lawyer constitutes an adverse
representation, even if the firm had nothing to do with obtaining the prior
patent, and even if the firm's representation of the client who owns that patent
are completely unrelated to the subject matter in prosecution. Others say
that, in the abstract it's not a conflict, but can become one where, for
example, the lawyer would be arguing that the client's patent is invalid (say,
e.g., that it lacks support for the breadth argued by the PTO). Others say
that that even that isn't an adverse representation.
Read the comments and/or give Professor Hricik a piece of your mind on this issue here.
    (1)comment(s)     translate     More Updates     Send    

1 Comments:

Anonymous Anonymous said...

^^Thanks!!

婚前徵信婚姻感情大陸抓姦外遇抓姦法律諮詢家暴婚前徵信尋人感情挽回大陸抓姦離婚工商徵信婚前徵信外遇抓姦感情挽回尋人大陸抓姦離婚家暴工商徵信法律諮詢跟蹤工商徵信婚前徵信感情挽回外遇抓姦法律諮詢家暴尋人大陸抓姦離婚大陸抓姦外遇尋人家暴工商徵信法律諮詢家暴感情挽回大陸抓姦外遇婚前徵信離婚尋人工商徵信外遇抓姦法律諮詢家暴婚前徵信大陸抓姦尋人感情挽回外遇抓姦婚前徵信感情挽回尋人大陸抓姦工商徵信法律諮詢離婚家暴工商徵信外遇抓姦法律諮詢家暴婚前徵信尋人感情挽回大陸抓姦離婚婚前徵信工商徵信外遇抓姦尋人離婚家暴大陸抓姦感情挽回法律諮詢離婚感情挽回婚前徵信外遇抓姦家暴尋人工商徵信外遇抓姦法律諮詢家暴婚前徵信尋人感情挽回">徵大陸抓姦離婚婚前徵信工商徵信外遇抓姦尋人離婚家暴大陸抓姦感情挽回法律諮詢

April 07, 2009 3:10 AM  

Post a Comment

<< Home