Michael and Emil Speaking: Justia– Subject Matter Conflicts In Patent and Trademark Law: How To Spot and Avoid Issues

This presentation provides a comprehensive overview of subject matter conflicts of interest in intellectual property law, with a focus on patent and trademark prosecution. It explores the ethical and legal implications of representing multiple clients in the same technical or trademark space, drawing on key case law such as Maling v. Finnegan, Axcess Int’l v. Baker Botts LLP, and In re Linden. Attendees will learn how to identify potential conflicts, understand the standards courts use to evaluate them, and implement effective conflict-checking systems. The presentation also covers ethical rules under the ABA Model Rules and 37 CFR, the importance of informed consent, and practical strategies for avoiding malpractice, disqualification, and disciplinary action.