Conducting Parallel Patent Litigation and PTO Proceedings: The Intersection of Federal and State Professional Conduct Rules, Duties, and Obligations.

The article explores the impact of the intersection of Federal District Court and the U.S. Patent and Trademark Office (PTO) rules and obligations on a patent attorney who is simultaneously engaged in patent litigation and PTO hearings. Litigation elements affected by an attorney's dual-proceeding representation includes appearance in both hearings and attorney-client privilege. The author encourages patent attorneys in dual-proceedings to increase their awareness of various professional codes.