In denying defendant's motion for Rule 11 sanctions, the court rejected defendant's argument that plaintiff could not support the adequacy of its pre-filing investigation because its attorney-declarants were not registered to practice before the PTO. "[N]o authority is cited for the contention that credibility is reliant on such factors. Further, in the exhibits provided by [defendant], it is indicated that both attorneys practice in intellectual property matters and [one] specifically works with internet matters, including internet advertising. Limiting the skill required to make a credible declaration to so specific a skill set without authority so saying is unreasonable."
Essociate, Inc. v. Blue Whaler Investments, LLC, et. al., 2-10-cv-02107 (CACD October 24, 2011, Order) (Selna, J.)
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