OED Activity… Not Much

I monitor the cases issued by the OED (here) and there’s not been a lot of activity.  Primarily, the cases have involved reciprocal discipline (i.e., when L is disciplined by her state; the OED will start a proceeding to discipline the lawyer in the PTO).  Often the lawyers don’t even contest these proceedings.

Even when they do, the grounds for avoiding reciprocal discipline are pretty narrow — a few factors apply but largely the lawyer has to show a due process violation of some kind, or some highly unusual circumstance….

About David

Professor of Law, Mercer University School of Law. Formerly Of Counsel, Taylor English Duma, LLP and in 2012-13, judicial clerk to Chief Judge Rader.

2 thoughts on “OED Activity… Not Much

  1. 2

    David,

    Is there any relation between a violation of Rule 56 and 18 U.S.C. 1001? If so, one would expect some suspensions based on the later, but I think there was only one several years ago and that was related to a patent attorney’s fabrications on an unrelated grant application.

  2. 1

    At least the OED is finally getting to Mr. Schroeder for his crazy rant to the examiner. See link to uspto.gov
    (if that link doesn’t work, the OED is attempting service by publication). I personally think his career must have suffered enough and they should probably leave him alone.

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