Aiding an Invention Promotion Company is Not a Good Career Move

Bender v. Dudas, [06-1243](June 21, 2007)[LINN, Rader, Plager] The Federal Circuit affirmed summary judgment upholding disciplinary action taken by the U.S. Patent and Trademark Office excluding Bender from practice before the U.S. Patent and Trademark Office.
SIGNIFICANCE: This case is about one such practitioner who became complicit in the activities of an invention promoter involving over 1,000 unsuspecting inventors.
BRIEF: Bender took over prosecution of a large number of design patent applications filed by an attorney working for an invention promotion company, who agreed to a suspension. The Patent Office found that Bender had neglected an entrusted legal matter in violation of 37 C.F.R. § 10.77(c); accepted employment where professional judgment may be affected in violation of 37 C.F.R. § 10.62(a) and accepted compensation from a person other than a client without a full disclosure to the client in violation of 37 C.F.R. § 10.68(a)(1); and engaged in conduct that was prejudicial to the administration of justice in violation of 37 C.F.R. § 10.23(b)(5). The district court affirmed on summary judgment, and the Federal Circuit finding no error, likewise affirmed. Perhaps most damning for Bender was awareness of his predecessor's problems, and failure to correct them.