Ethics News - Federal Circuit
Federal Circuit - The FindLaw Federal Circuit Court of Appeals Opinion Summaries Blog

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Another week passed, and still no word whether the Supreme Court will hear a decision originating in the Federal Circuit, that could have an effect on how soon generic versions of a drug show up on the market, reports Reuters. And in more recent Federal Circuit jurisprudence, the court looks at overtime compensation for Federal Aviation Administration ("FAA") air-traffic control specialists.

Teva et al., v. Sandoz, Inc., et al.

Teva manufactures Copaxone, a multiple-sclerosis drug, and has been seeking to delay introduction of generic competing drugs. In a patent infringement claim against Novartis's Sandoz, Mylan and Momenta, the Federal Circuit "upheld four Teva patents that expire in May while invalidating a separate patent that would have blocked generic competition until September 2015," according to Bloomberg.

Once upon a time, attorneys were bound by the 1908 Canons of Professional Ethics, then the Model Code of Responsibility and now, the Model Rules of Professional Conduct. These highly regarded principles serve as the basis for ethics rules in most states. With the exception of California, all states, and the District of Columbia, have adopted some form of the Model Rules of Professional Conduct. 

California (which always has to be different) still works under the guidelines of the Model Code of Responsibility.

The USPTO has its own set of ethical rules, the USPTO Rules of Professional Conduct, which regulate attorney conduct before the USPTO. Last updated in 1985, until recently, the USPTO Rules were still based on the Model Code of Responsibility. A short time ago, the USTPO updated its Rules of Professional Conduct to reflect the guidelines that most attorneys follow -- the Model Rules, reports the ABA Journal.

Funny how a body governing innovation and creativity is lagging behind, huh?

Nestle, Kilpatrick Townsend, Groupon: Roundup of Recent Cases

Here are three recent notable cases out of the Federal Circuit Court of Appeals:

Groupon

Groupon Inc. is enjoying a victory in the Federal Circuit Court of Appeals this week. The online coupon company’s patent lawsuit against Mobgob LLC and Cy Technology was successful, reports Bloomberg Businessweek.

Court Shoots Down Patent Malpractice Lawsuit Against Gibbons

Last week, we reported on a patent malpractice case that was brought in the Federal Circuit Court of Appeals. The Federal Circuit, while the proper court for patent infringement cases, can also be the proper court to bring an action for malpractice in patent law.

The law firm of Gibbons P.C. was sued in the Federal Circuit by Herman Minkin and H&M Aeronaut Tool Company, Inc. The plantiffs’ alleged that the law firm committed legal malpractice in prosecuting the patent application for a hand tool called “extended reach pliers.”

Fed Circuit OKs Morgan Lewis Brockius Patent Malpractice Case

Attention patent lawyers: Botch your patent application and you could be sued for malpractice in federal court.

That’s what the Federal Circuit Court of Appeals has to say about a patent malpractice case involving large law firm, Morgan, Lewis & Brockius.

Fed Circuit: 'Litigation Misconduct' Led to Million-Dollar Award

When it comes to filing a lawsuit, it's a problem if you can't construct a claim properly.

The attorneys for plaintiff MarcTec LLC conducted such egregious "litigation misconduct" in a medical patent suit that the Federal Circuit Court of Appeals affirmed a lower court's decision to award defendants Johnson & Johnson and Cordis $4 million in attorney fees and costs because the case was "exceptional..