Michael E. McCabe, Jr. was quoted by The American Lawyer Daily Business Review on May 11, 2017, in an article entitled “Greenberg Traurig Accused of Trying to Invalidate the Same Patents it Prosecuted” (by Monika Gonzalez Mesa). The article discusses a lawsuit recently filed in California state court against Greenberg Traurig (complaint here), which represented a client in filing a provisional patent application. A different law firm filed a non-utility patent application that claimed priority to the provisional patent application filed by Greenberg Traurig. A patent eventually issued, and the former Greenberg client licensed it to a a third party, which subsequently breached its contract with the patent owner. When the patent owner sued to enforce its contractual rights, Greenberg Traurig, which appeared on behalf of the defendant/licensee, asserted a counterclaim alleging that its former client’s patent is invalid. The former client seeks monetary damages from Greenberg Traurig for breach of fiduciary duty, interference with contractual relations, and professional malpractice arising from Greenberg’s alleged conflict of interest.
