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FRCP & Ethics
Money & Ethics
Technology &
Ethics
USPTO & Ethics
Advertising Ethics
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Question 1 - 4
• You can instruct a deponent not to answer a question if it invades this protection.
Question 1 - 5
• Rule 11 expressly does not apply to this aspect of civil litigation, even though it is the costliest part of most suits.
Question 2 - 4
• Contingent fees may not be charged to defend a criminal defendant and in this type of case.
Answer 2 – 4
• What is a domestic relations case where the fee is based upon obtaining a divorce or the amount of alimony or support.
Question 2 - 5
• A lawyer may not be paid by a third-party to represent a client if any one of three things occurs; what is one of them?
Answer 2 – 5
• The client does not give informed consent; there is interference with the lawyer’s professional judgment; or confidential information is not protected.
Question 3 - 2
• These federal laws might be implicated if you use the ‘cloud’ to store data pertinent to a patent application, and it happens to be stored abroad.
Question 3 - 4
• This “invisible” information accompanies most electronic documents and can reveal changes made to a document, who authored it, and other information.
Question 3 - 5
• Many states have said that, while a judge can be your friend, a judge cannot be your friend on this widely-used service.
Question 4 - 4
• While inequitable conduct can be shown if material information is withheld with the intent to deceive, it can also be shown by this form of conduct.
Question 4 - 5
• While omitting it is no longer a basis of unenforceability, Section 112 still requires it be included in an application.
Question 5 - 1
• What famous Supreme Court case first addressed the ability of patent agents to practice law?
Question 5 - 3
• A lawyer may not make an in-person solicitation of a prospective client unless the lawyer has a family, close personal, or prior professional relationship with the person, or the person is this.
Answer 5 – 4
• An attorney in good standing in at least one state who is also registered to practice before the USPTO.
Answer 5 – 5
• What is the name and address of at least one lawyer, or law firm, responsible for its content.
Section 285
Litigation Ethics
Conflicts of Interest
Prosecution Bars Grab bag
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Question 1 - 2
• In this 2014 case, the Supreme Court reduced the egregiousness that a prevailing party must show to shift fees.
Question 1 - 3
• Apart from Section 285 and other statutes and rules, district courts also have this as a way to sanction unethical behavior.
Question 1 - 4
• Prior to the Supreme Court’s recent decision, fee shifting was permitted under Section 285 generally only if these two things were established.
Question 2 - 1
• Among other things, this rule requires that a lawyer conduct a reasonable investigation into infringement before filing suit.
Question 2 - 2
• A lawyer may not communicate with a person who is represented by counsel in a matter about the matter unless a court orders it or this occurs.
Question 2 - 3
• Although they are not yet required by the Federal Circuit, creating these charts is helpful to show reasonable pre-suit investigation.
Question 2 - 5
• A lawyer must disclose directly adverse precedent to a court if it is from this type of jurisdiction?
Question 3 - 1
• When you are retained to represent a corporation, this is your client, not its officers, directors, or shareholders.
Question 3 - 2
• This rule under narrow circumstances prohibits a lawyer from both being trial counsel and a witness at trial.
Question 3 - 3
• A lawyer generally can be adverse to a former client unless this relationship exists between the adverse and former representations.
Question 3 - 4
• This principle underlies the general rule that if one lawyer is conflicted out of a case, all lawyers in his firm are, too.
Question 3 - 5
• A lawyer may not have a sexual relationship with a client unless this existed between them when the representation commenced.
Question 4 - 1
• To obtain a protective order that includes a prosecution bar, the rule requires that the party seeking it show this.
Question 4 - 2
• This Federal Circuit case finally established the standards for determining when district courts should include prosecution bars.
Question 4 - 3
• If a district court finds that by prosecuting patents a patent practitioner is engaged in this type of “decision-making,” he may be subject to a bar.
Question 4 - 4
• Contrary to some prior district court case law, under the Federal Circuit’s approach a practitioner who engages in this form of representation is not, always, subject to a bar.
Question 4 - 5
• The origins of prosecution bars can be traced to protective orders which prevented this type of lawyer from having access to the opponent’s confidences.
Question 5 - 1
• Unlike the Model Rules and the USPTO ethical rules, the Georgia rules specify this for each rule.
Question 5 - 4
• If a state disciplines a lawyer, the USPTO may also discipline the lawyer by using this form of proceeding.
Question 5 - 5
• The USPTO has indicated there are limits on the authority of patent agents to draft this common form used in prosecution.
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