FRCP & Ethics Money & Ethics Technology & Ethics USPTO & Ethics Advertising Ethics

Question Asserting this type of claim can get you sanctioned.

Answer 1 – 1 What is a “frivolous” claim?

Question If you want to obtain a protective order, you need to show this.

Answer 1 – 2 What is “good cause”?

Question At a deposition, all objections must be done this way.

Answer 1 – 3 What is concisely and in a nonargumentative and nonsuggestive manner

Question You can instruct a deponent not to answer a question if it invades this protection.

Answer 1 – 4 What is the attorney-client privilege?

Question Rule 11 expressly does not apply to this aspect of civil litigation, even though it is the costliest part of most suits.

Answer 1 – 5 What is discovery?

Question All fees and expenses must be this.

Answer 2 – 1 What is reasonable (or not unreasonable).

Question A lawyer must not do this with his own funds and those belonging to his client.

Answer 2 – 2 What is commingle?

Question This type of fee agreement must always be in writing.

Answer 2 – 3 What is a contingent fee agreement?

Question 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 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 If you use G-mail to communicate with a client, Google does this with your .

Answer 3 – 1 What is reviews it to place advertising?

Question 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.

Answer 3 – 2 What are the export import regulations.

Question You can use this to very securely “lock” a file attached to an .

Answer 3 – 3 What is encryption?

Question This “invisible” information accompanies most electronic documents and can reveal changes made to a document, who authored it, and other information.

Answer 3 – 4 What is metadata?

Question Many states have said that, while a judge can be your friend, a judge cannot be your friend on this widely-used service.

Answer 3 – 5 What is Facebook?

Question This rule requires candor to the USPTO.

Answer 4 – 1 What is Rule 56?

Question This form is one common way used to meet the duty of candor.

Answer 4 – 2 What is an IDS?

Question This recent Federal Circuit case radically narrowed the duty of candor.

Answer 4 – 3 What is Therasense?

Question 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.

Answer 4 – 4 What is “affirmative egregious misconduct”?

Question While omitting it is no longer a basis of unenforceability, Section 112 still requires it be included in an application.

Answer 4 – 5 What is the best mode?

Question What famous Supreme Court case first addressed the ability of patent agents to practice law?

Answer 5 – 1 What is Sperry?

Question Most states ban advertising that contains this kind of commercial speech.

Answer 5 – 2 What is false or misleading information?

Question 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 – 3 What is a lawyer?

Question To put “Patent Attorney” on advertising, the person must be this.

Answer 5 – 4 An attorney in good standing in at least one state who is also registered to practice before the USPTO.

Question Every advertisement must contain this.

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

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?