McCabe & Ali is proud to have signed the amicus brief of Solo and Small Firm attorneys backing Perkins Coie’s challenge in the D.C. District Court to the Trump administration’s executive order targeting it. Our firm, and 333 others, have requested leave to file an amicus brief condemning the order stripping security clearances from and
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The Citation Snafu: Did A Practitioner Using AI Get Disciplined?
By Emil Ali
We’ve been tracking the burgeoning use of generative AI by patent and trademark lawyers, previously exploring its potential and pitfalls, including the use of AI before the TTAB, a warning about hallucination, and an IP lawyer’s guide to AI. However, we had yet to see the USPTO actually discipline an attorney for…
Are You High or Just Hallucinating? AI Gets Lawyers in Trouble
When ChatGPT went live in late 2022, lawyers were some of the first to buy into its potential. Don’t like to do research? No prob; AI has you covered.
Not the best writer on the block? No sweat, let AI craft your winning brief.
Some lawyers were led to believe it would be stupid NOT…
Who Is Being Considered For Next USPTO Director? One BigLaw Partner Whose Name Is Being Floated At Mar-A-Lago
IP Practitioners are anxiously awaiting news on who will the incoming Trump administration selection to replace Kathi Vidal as Director of the USPTO. And while many fine candidates are sure to emerge in the conversation, sources indicate that one name being considered for the agency’s top job is Pillsbury Winthrop long-time partner William P. Atkins…
Did Those Young Rascals Use AI Before the USPTO?
By Emil Ali
Earlier this year, in Dino Danelli and Edward Brigati v. Beata Music LLC, Opposition No. 91249965 (March 29, 2024) (not precedential), the Board issued a 55-page opinion sustaining an opposition to the registration of a mark. Briefly, the parties we involved in a civil action with respect to a mark: “The Rascals.” After a…
Three Lessons from the USPTO’s Recent Disciplinary Decisions Regarding Working with Foreign Trademark Associates
By Emil Ali
From our previous posts, it is clear that, the United States Patent and Trademark Office (USPTO) has been increasing investigations and disciplinary actions against those who work with foreign trademark associates. However, in today’s global economy, many clients demand global trademark and patent protection—so is it unethical for a U.S. Trademark Attorney to work…
Navigating the Patent Bar: Understanding the OED’s Moral Character Evaluation
By Emil Ali
Congratulations on passing the patent bar! While this is a significant achievement, the journey to becoming a registered patent agent or attorney isn’t quite over. The Office of Enrollment and Discipline (OED) plays a crucial role in ensuring that only individuals of good moral character are admitted to the patent bar.
The OED evaluates applicants’…
The USPTO’s New Design Patent Bar: A Closer Look at the Numbers
By Emil Ali
On January 2, 2024, the United States Patent and Trademark Office (USPTO) introduced the “Design Patent Bar,” which was an expansion designed to encourage diversity. As USPTO Director Kathi Vidal stated in the months leading up to the new offering, the design patent bar was one of the ways she was working to ensure “everybody…
Paws For Celebration: How Furry Coworkers Changed Office Life Forever
We share a special bond with dogs that has evolved over thousands of years. But it has only been in the last few years, particularly since the pandemic, since these loyal canine companions have evolved from being more than just house pets. Our hounds have nudged, wagged, sniffed, snuggled, and loved their way into our…
Lawyer Bloggers Beware: “Public” Client Information Is Still Confidential
Lawyers love to talk about their client success stories and latest wins, particularly on websites, blogs, LinkedIn and other social media. This form of lawyer self-promotion is particularly pronounced in litigation matters, where the victorious lawyers and their firms routinely, and proudly, announce to the world what wonderful result they achieved for their client.
Many…