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Game Theory & Legal Ethics: Understanding OED’s Cards

Nov 7, 2018
2 min

Game Theory & Legal Ethics: Understanding OED’s Cards

When responding to a Request for Information and Evidence (“RFI”) from the Office of Enrollment and Discipline (“OED”), it is helpful to understand what cards OED holds. Such an understanding could allow a practitioner to negotiate a more advantageous outcome, and relieves some uncertainty in what is frequently a stressful situation. To that end, it is helpful to understand basic game theory concepts. Game theory is a field of study concerned with strategies for dealing wit

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The Constitutionality of USPTO Hearing Officers After The Supreme Court's Decision in Lucia.

Jun 21, 2018
2 min

The Constitutionality of USPTO Hearing Officers After The Supreme Court's Decision in Lucia.

Today, the Supreme Court issued an Opinion that held that Administrative Law Judges (“ALJs”) of the Securities and Exchange Commission (“SEC”) qualify as “Officers” under the appointments clause of Article II Section 2 of the U.S. Constitution (“Appointments clause”). Of interest to patent practitioners is whether or not the appointment of a hearing officer for United States Patent and Trademark Office (“USPTO”) Office of Enrollment and Discipline (“OED”) cases under 37 CF

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What To Do When You Receive An OED Grievance.

Jan 30, 2018
2 min

What To Do When You Receive An OED Grievance.

Whether you practice in trademark or patent law, you generally want to avoid receiving communication from the Office of Enrollment and Discipline (OED). But what happens when they send you certified letter that includes a Request for Information and Evidence Under 37 CFR 11.22(a) (RFI)? Understanding one of OED's core missions, investigating allegations of misconduct by practitioners, is helpful in guiding your thought process. At first, the fear sets in. If your conduct wa

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