by Dennis Crouch
The Federal Circuit has agreed that Kevin Correll’s 5-year suspension from patent law practice should move forward. Correll v. Vidal (Fed. Cir. 2022) (non-precedential). Unfortunately, the per curiam decision appears poorly reasoned and seems to lack sufficient legal grounding. The panel included Chief Judge Moore, and Judges Prost and Hughes.
Kevin Correll worked for the US Navy as an engineer, but also moonlighted for years as a solo patent attorney (prosecuting 211 patent applications). In 2016, the Navy notified the USPTO that Correll may have violated federal rules of ethics.
The key rule:
18 U.S.C. § 205: [Federal employees may not] act as agent or attorney for anyone before any department, agency, court, court martial, officer, or civil, military, or naval commission in connection with any covered matter in which the United States is a party or has a direct and substantial interest.”
The USPTO’s Office of Enrollment & Discipline (OED) conducted an investigation and then filed a disciplinary complaint against Correll. That complaint was then decided against Correll an Administrative Law Judge and issued a 5-year suspension from practice. Drew Hirshfeld in his role as agency head affirmed the ALJ finding. Correll then moved to district court and again lost when the E.D.Va. judge denied his motion for a preliminary injunction against enforcement of the suspension. On appeal here, the Federal Circuit has affirmed.
The USPTO has long taken the...
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