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Patent Practice Professional Liability Reporter Your Pacific Northwest Law Firm

Monthly Archives: December 2009

The Ethics of Patent Litigation Forum Shopping

Posted in Rules of Professional Responsibility, Venue Selection

Forum-shopping for favorable jurisdictions in which to try or defend a case is second nature to patent litigators. This post analyzes the dissonance between how that practice is sometimes disparaged legislatively and judicially and how such conduct is evaluated through the ethical lens of the Rules of Professional Conduct. Patent legislative history and cases refer… Continue Reading

The Ethical Obligation to Self-Report Patent Legal Malpractice

Posted in Insurance Claims, Legal Malpractice, Rules of Professional Responsibility

Self-reporting your errors in prosecuting a patent application or litigating a patent claim is surely not on any lawyer’s “to-do” wish list. Many errors are correctable, stem from legitimate differences of opinion, or are of only minor moment. Part of the art of lawyering is perceiving and correcting errors before they become material impediments to the… Continue Reading