Finnegan Wins Suit That Spooked Patent Lawyers
Firms aren't automatically conflicted when they prosecute patents for business competitors with similar inventions, the Massachusetts Supreme Judicial Court ruled.
December 24, 2015 at 01:42 PM
3 minute read
SAN FRANCISCO — Finnegan Henderson and other law firms with large patent prosecution practices, can breathe a sigh of relief.
Ruling in a case with high stakes for the profession, the Massachusetts Supreme Judicial Court held Dec. 23 that it is not an inherent conflict of interest for a law firm to simultaneously represent business competitors pursuing patents for similar inventions.
Although the situation “may present a number of potential legal, ethical, and practical problems for lawyers and their clients,” it does not violate the state's rules on professional conduct, the court held, or require a conflict waiver.
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