Section 285 Litigation Ethics Conflicts of Interest Prosecution Bars Grab bag

Question Only this kind of case can justify fee-shifting under this statute.

Answer 1 – 1 What is an “exceptional” case?

Question In this 2014 case, the Supreme Court reduced the egregiousness that a prevailing party must show to shift fees.

Answer 1 – 2 What is Octane?

Question Apart from Section 285 and other statutes and rules, district courts also have this as a way to sanction unethical behavior.

Answer 1 – 3 What is inherent power?

Question Prior to the Supreme Court’s recent decision, fee shifting was permitted under Section 285 generally only if these two things were established.

Answer 1 – 4 What is objective and subjective unreasonableness.

Question A patent statute allowing for shifting was adopted in this year.

Answer 1 – 5 What is 1946?

Question Among other things, this rule requires that a lawyer conduct a reasonable investigation into infringement before filing suit.

Answer 2 – 1 What is Rule 11?

Question 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.

Answer 2 – 2 What is, the person’s lawyer consents to the contact?

Question Although they are not yet required by the Federal Circuit, creating these charts is helpful to show reasonable pre-suit investigation.

Answer 2 – 3 What are claim charts?

Question A lawyer may not offer or use evidence if he knows it is this.

Answer 2 – 4 What is false?

Question A lawyer must disclose directly adverse precedent to a court if it is from this type of jurisdiction?

Answer 2 – 5 What is controlling?

Question When you are retained to represent a corporation, this is your client, not its officers, directors, or shareholders.

Answer 3 – 1 What is the entity itself?

Question This rule under narrow circumstances prohibits a lawyer from both being trial counsel and a witness at trial.

Answer 3 – 2 What is the lawyer-witness rule, lawyer- advocate rule, or Rule 3.7?

Question A lawyer generally can be adverse to a former client unless this relationship exists between the adverse and former representations.

Answer 3 – 3 What is a substantial relationship?

Question This principle underlies the general rule that if one lawyer is conflicted out of a case, all lawyers in his firm are, too.

Answer 3 – 4 What is imputation?

Question A lawyer may not have a sexual relationship with a client unless this existed between them when the representation commenced.

Answer 3 – 5 What is a consensual sexual relationship?

Question To obtain a protective order that includes a prosecution bar, the rule requires that the party seeking it show this.

Answer 4 – 1 What is “good cause”?

Question This Federal Circuit case finally established the standards for determining when district courts should include prosecution bars.

Answer 4 – 2 What is In re Deutsche Bank?

Question 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.

Answer 4 – 3 What is competitive decision-making?

Question 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.

Answer 4 – 4 What is patent prosecution?

Question 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.

Answer 4 – 5 What is in-house counsel?

Question Unlike the Model Rules and the USPTO ethical rules, the Georgia rules specify this for each rule.

Answer 5 – 1 What is the maximum punishment?

Question This is the agency within the USPTO charged with disciplining practitioners.

Answer 5 – 2 What is the OED, or Office of Enrollment and Discipline?

Question The current USPTO ethical rules were adopted in this year.

Answer 5 – 3 What is 2013?

Question If a state disciplines a lawyer, the USPTO may also discipline the lawyer by using this form of proceeding.

Answer 5 – 4 What is reciprocal discipline?

Question The USPTO has indicated there are limits on the authority of patent agents to draft this common form used in prosecution.

Answer 5 – 5 What is an assignment?