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FRCP & Ethics

Money & Ethics

Technology &

Ethics

USPTO & Ethics

Advertising Ethics

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5 5 5 5 5

Question 1 - 1

• Asserting this type of claim can get you sanctioned.

Answer 1 – 1

• What is a “frivolous” claim?

Question 1 - 20

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

Answer 1 – 2

• What is “good cause”?

Question 1 - 3

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

Answer 1 – 3

• What is concisely and in a nonargumentative and nonsuggestive manner

Question 1 - 4

• 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 1 - 5

• 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 2 - 1

• All fees and expenses must be this.

Answer 2 – 1

• What is reasonable (or not unreasonable).

Question 2 - 2

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

Answer 2 – 2

• What is commingle?

Question 2 - 3

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

Answer 2 – 3

• What is a contingent fee agreement?

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 - 1

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

Answer 3 – 1

• What is reviews it to place advertising?

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.

Answer 3 – 2

• What are the export import regulations.

Question 3 - 3

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

Answer 3 – 3

• What is encryption?

Question 3 - 4

• 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 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.

Answer 3 – 5

• What is Facebook?

Question 4 - 1

• This rule requires candor to the USPTO.

Answer 4 – 1

• What is Rule 56?

Question 4 - 2

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

Answer 4 – 2

• What is an IDS?

Question 4 - 3

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

Answer 4 – 3

• What is Therasense?

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.

Answer 4 – 4

• What is “affirmative egregious misconduct”?

Question 4 - 5

• 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 5 - 1

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

Answer 5 – 1

• What is Sperry?

Question 5 - 2

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

Answer 5 – 2

• What is false or misleading information?

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 – 3

• What is a lawyer?

Question 5 - 4

• 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 5 - 5

• 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

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Question 1 - 1

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

Answer 1 – 1

• What is an “exceptional” case?

Question 1 - 2

• 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 1 - 3

• 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 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.

Answer 1 – 4

• What is objective and subjective unreasonableness.

Question 1 - 5

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

Answer 1 – 5

• What is 1946?

Question 2 - 1

• 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 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.

Answer 2 – 2

• What is, the person’s lawyer consents to the contact?

Question 2 - 3

• 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 2 - 4

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

Answer 2 – 4

• What is false?

Question 2 - 5

• 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 3 - 1

• 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 3 - 2

• 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 3 - 3

• 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 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.

Answer 3 – 4

• What is imputation?

Question 3 - 5

• 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 4 - 1

• 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 4 - 2

• 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 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.

Answer 4 – 3

• What is competitive decision-making?

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.

Answer 4 – 4

• What is patent prosecution?

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.

Answer 4 – 5

• What is in-house counsel?

Question 5 - 1

• 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 5 - 2

• 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 5 - 3

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

Answer 5 – 3

• What is 2013?

Question 5 - 4

• 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 5 - 5

• 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?