United States Patent and Trademark Office, Office of Enrollment and Discipline (respondent: Brian E. Mitchell, Registration No. 50,612, San Francisco, California)

In re Brian E. Mitchell, Final Order, Proceeding No. D2026-16 (USPTO OED)

Sanctioned · 27 July 2026

SectorLegal

CountryUnited States

Document typeJoint Claim Construction Chart (patent litigation); USPTO disciplinary final order

ConsequenceSanctioned

What was fabricated

Citations, quotations and parentheticals to the patent's INTRINSIC RECORD — the specification, figures and prosecution history — in the plaintiff's portion of a Joint Claim Construction Chart. Per the joint stipulated facts, many "referred to portions of the record that did not exist or were inaccurately attributed". Notable as a fabrication of the record of the case itself rather than of external case law, which defeats the standard "check the cited authorities exist" control.

What happened as a result

Public reprimand by Final Order dated 27 July 2026, signed by Tricia Choe on delegated authority from USPTO Director John A. Squires. Four violations under 37 C.F.R.: § 11.101 (competence), § 11.103 (diligence), § 11.804(c) (misrepresentation) and § 11.804(d) (conduct prejudicial to the administration of justice). Order published in the OED electronic FOIA reading room with a Notice of Public Reprimand in the Official Gazette. NO suspension, probation, CLE condition or monetary penalty. The underlying district court — Magpul Industries Corp. v. Mission First Tactical Group, Inc. et al., No. 2:24-cv-5551 (E.D. Pa.) — imposed no sanctions on the attorney or his client, so the USPTO discipline is the only consequence. Resolved by settlement agreement executed 20-21 July 2026; respondent waived reconsideration, review and appeal.

Sources

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