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Lawyer Sanctioned for Plagiarizing Opposing Counsel

Plagiarism Today

Much of what lawyers write have only one or two ways that they can correctly be written, thus it’s common to copy the works of others, especially from one’s own firm or their past work. These are motions filed with the court before jury selection and typically deal with what evidence or testimony will be allowed when the trial begins.

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Timeshare case: proof of causation/damages is difficult especially w/o grasp of Bayesian probability

43(B)log

The most obvious route to proving these cases would be to solicit testimony from the owners as to their reason for breaching their contracts. However, these lawsuits have involved hundreds of timeshare owners, and obtaining testimony from every owner would be a labor-intensive effort. Thus, Sussman got summary judgment.

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U.S. Trademark Opposition Guide

LexBlog IP

In the TTAB, trial testimony is submitted via written declarations and by Notice of Reliance, together with any documentary exhibits. In addition, TTAB trial testimony procedure that is specific to opposition and cancellation proceedings may be found in the Trademark Board Manual of Procedure (TBMP).

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The proper standard for willful infringement: “deliberate or intentional infringement”

Patently-O

On appeal the second time, the case returned to the same three-member panel (LOURIE, O’MALLEY, and STOLL) and the panel has written to “ clarify that it was not our intent to create a heightened requirement for willful infringement.” That standard had not been met and so the district court refused to enhance damages.

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Second Circuit signals some minimal flexibility on Polaroid analysis in another strip club false endorsement case

43(B)log

Instead, they responded that “prospective clients have no duty to disclose to the model their reasoning for why the model was denied an endorsement opportunity. It didn’t abuse its discretion in excluding plaintiffs’ proffered expert testimony as unreliable, and there was next to nothing left without that.

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Testimonial Guides Update – The Things That Make Us Go Hmm

LexBlog IP

As we reported yesterday , the FTC has issued its proposal for an update to the Testimonial & Endorsement Guides. Because the FTC staff has communicated updates to its thinking on testimonials such as via its FAQs , the proposal largely just formalizes what we already know. As expected, this proposal is not a revelation.

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Caution! Technical Documents Concerning Efforts to Design Around a Patent Are Discoverable — Even When Done at the Direction of Counsel

IP Tech Blog

Prairie Land objected on the basis of work-product and attorney client privilege. Based on Illumina , the Court rejected categorical refusals to allow discovery into design arounds based on work product and attorney client privilege and ordered Prairie Lands to produce all “design modification drawings that appear[ed] on the privilege logs.”.

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