Wednesday, October 26, 2011

Rule 11 Pre-Filing Investigation Need Not Be Conducted by Registered Patent Attorney

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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