Addendum to Intellectual Property Law Recertification Application
Exhibit "B," Section III – Copyright Law
Substantive Matters Form
Contested Matters and Adjudicated Decisions Form
EXHIBIT B; III, A
4. Copyright Law. See Rule 6-26.4(b)(4).
a. I have handled, with senior-level responsibility, matters that involved the representation of a client.
b. I have served as a judge or an arbitrator in contested matter(s) involving an adjudicated decision concerning a copyright.
c. I have served as an advocacy instructor in intellectual property law continuing legal education program(s).
d. I am demonstrating practical experience in Copyright Law in accordance with Rule 6-26.4(b)(4). Yes No
INSTRUCTIONS
6-26.4(b) Experience. During the 5 years immediately preceding application, the applicant must comply with the experience requirements set forth below:
(4) Copyright Law. The applicant must have handled with senior-level responsibility a minimum of 30 matters that involved representation of a client. For good cause shown, for satisfaction in whole or in part of the requirement, the applicant may serve as a judge or an arbitrator in a contested matter involving an adjudicated decision concerning a copyright, or may serve as an advocacy instructor in an intellectual property law continuing legal education program in lieu of senior-level responsibility as an advocate for a party. Verified substantial involvement in other areas of intellectual property law may also be considered to demonstrate overall proficiency.
The Substantive Matters form should be used to detail the 30 matters.
If submitting contested matters and/or adjudicated matters for consideration under this subsection, please complete one Contested Matters and Adjudicated Decisions form for EACH contested matter/adjudicated decision.
“Contested matters” shall be defined as hearings before a tribunal or court that were adversarial, evidentiary, and binding in which the applicant had a senior-level responsibility, and in which the applicant evaluated, handled, and resolved substantial issues of fact and law in a dispute that involved a copyright, either by reaching an adjudicated decision, or by achieving a settlement before final adjudication or appeal.
An
“adjudicated
decision”
shall mean a decision resulting from a proceeding in which: a
tribunal rendered a decision on a motion for temporary or preliminary
injunction following an evidentiary hearing involving live testimony;
a tribunal rendered a decision on a motion for summary judgment; or a
tribunal or jury rendered a decision following a trial. A single
proceeding may generate multiple adjudicated decisions and an
applicant shall receive credit for each such qualifying adjudicated
decision as a separate contested matter, however, for purposes of
certification, the number of adjudicated decisions from any single
case shall be limited to 2.
Please answer each question thoroughly and concisely. Refer to Rule 6-26.4(b) for complete information regarding the specific requirements for each area of intellectual property law.
Addendum to Intellectual Property Law Recertification Application
Exhibit "B," Section III – Copyright Law
Substantive Matters Form
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Addendum to Intellectual Property Law Recertification Application
Exhibit "B," Section III – Copyright Law
Contested Matters and Adjudicated Decisions Form
You must complete one form for EACH contested matter/adjudicated decision.
1. Title of Action:
2. Case or Matter Number: Year Filed:
3. Tribunal: Venue:
4. Judge(s) or Arbitrator(s):
5. In the “adjudicated action,” did you substantially prepare, draft or participate in:
a. Preliminary Injunction?
Yes
No
N/A
b. Depositions?
Yes
No
N/A
c. Discovery Motions?
Yes
No
N/A
d. Summary Judgment Motion?
Yes
No
N/A
e. Summary Judgment Oral Argument?
Yes
No
N/A
f. Markman Brief?
Yes
No
N/A
g. Markman Hearing?
Yes
No
N/A
h. Conduct Voir Dire Examination?
Yes
No
N/A
i. Make the opening statement?
Yes
No
N/A
j. Conduct direct examination(s)?
Yes
No
N/A
k. Conduct cross-examination(s)?
Yes
No
N/A
l. Make the closing argument?
Yes
No
N/A
m. TTAB Trial Brief?
Yes
No
N/A
n. JMOL - Rule 50 Motion?
Yes
No
N/A
o. Substantially prepare or edit an appeal brief?
Yes
No
N/A
p. Make the oral argument on appeal?
Yes
No
N/A
Continued on Next Page 1/2
6. If you served as co-counsel, please explain in detail you role throughout the proceedings:
7. Please explain in detail what the primary intellectual property issues were before the tribunal:
8. Please identify all patents, trademarks, or copyrights at issue by the applicable registration numbers:
, , , .
9. Which party did you represent?
10. Did you actively counsel clients prior to the adjudicated action?
Yes
No
11. Did you actively participate in discovery of the matters at issue?
Yes
No
12. At what stage in the proceeding(s) was the matter concluded?
13. What was the ultimate outcome of the matter? Attach pertinent court decisions, if available.
14. Lead opposing counsel:
Contact information:
15. Attach additional information (if any) that makes this matter significant or especially memorable.
2/2
Addendum to Intellectual Property Certification Application, Exhibit "B," Section III: Copyright Law Recertification
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