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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Patent

Date & Time
  • event Date

    Monday, October 23, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will guide patent counsel on minimizing the risk of malpractice claims in patent prosecution. The panel will examine common pitfalls and problematic behavior as well as how the courts have dealt with recent malpractice claims in the patent context.

Faculty

Amy E. Richardson
Partner
HWG, LLP

Ms. Richardson’s practice focuses on legal ethics and professional responsibility matters, white collar defense, and complex commercial litigation. She counsels and represents lawyers and law firms in disciplinary investigations and prosecutions, as well as malpractice matters. Ms. Richardson’s disciplinary experience includes matters before multiple state bars, the USPTO’s Office of Enrollment and Discipline, and the Office of Professional Responsibility. She has represented individual lawyers and law firms in high stakes arbitrations related to partner departures and also counsels and advises lawyers and law firms in partner admissions and departures and law firm dissolutions. Ms. Richardson teaches legal ethics and professional responsibility at Duke University School of Law and Georgetown Law.

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Michael E. McCabe
Managing Partner
McCabe & Ali, LLP

Mr. McCabe is a registered patent attorney with 20 years of experience representing foreign and domestic entities and individuals across a wide array of technologies in patent and trademark matters before the federal courts and the USPTO. He also represents practitioners involved in claims of professional misconduct, attorney discipline, and ethics matters before the Office of Enrollment and Discipline of the USPTO and the state bars of Maryland, Virginia and the District of Columbia. Mr. McCabe is a former adjunct professor of law at George Mason University School of Law.

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Description

Malpractice risks for patent practitioners increase with the rising complexity of patent practice. For many companies, the most valuable assets are their IP. Consequently, protecting and enforcing IP rights becomes more critical. With such high stakes, patent counsel are an easy target if something fails during the prosecution process, whether due to missing deadlines or a strategy that does not work.

Malpractice claims may come from the client's belief that not all the patent claims asserted led to a later invalidity determination or an inadequate conflicts check. Malpractice claims against patent attorneys are growing, and patent attorneys should take steps to minimize the likelihood that they could face such claims.

Listen as our authoritative panel discusses where common pitfalls arise and problematic behavior that may lead to claims. The panel will also discuss how the courts have dealt with recent malpractice claims in the patent context and steps counsel can/should take to minimize the likelihood of malpractice. The panel will also address the issue of damages.

Outline

  1. Key issues in a malpractice case, including causation
  2. Problem behavior and common pitfalls
  3. Court treatment
  4. Damages
  5. Best practices to minimize the risk of malpractice claims
    1. Conflicts checks
    2. Intake process
    3. Termination letters
    4. Firm culture
    5. Insurance

Benefits

The panel will review these and other important issues:

  • What behavior could be problematic and put patent counsel at risk of malpractice claims?
  • How does patent law representation differ from most other matters in terms of malpractice claims?
  • What steps can patent counsel take to minimize the risk of malpractice claims?