Product Description

Recent updates:

• Update: November 2020

  Dear Subscriber:

  Thank you for choosing to keep your intellectual property library up to date with this new edition of Intellectual Property Practice. Inside, you will find new discussions of topics including the following:

  • Random auditing of trademark registrations. See chapter 6 for information on what happens when a registration is audited, and what the owner is required to submit by way of proof of use. The chapter also notes the consequences of failing to provide proof of use.

  • Trademarks; cannabis products. In chapter 6, find a Practice Note pertaining to the Agriculture Improvement Act of 2018, Pub. L. No. 115-334 (the 2018 Farm Bill), which updated the definition of "marijuana" to excise "hemp"—meaning cannabis plants and derivatives such as CBD that contain no more than 0.3 percent THC on a dry-weight basis. The reader is warned about the potential for refusal of registration for certain marks based on the applicant's trade practices.

  • Electronic signatures; online terms of use. Chapter 7 cites a 2020 decision on the issue of electronic signatures, the "E-Sign Act," and the copyright consequences of clicking "I agree" on social media sites.

  • Candor. See chapter 9 for a caution based on a 2020 Court of Appeals decision due diligence and avoiding the fact or appearance of violation of the duty of candor by patentee plaintiffs. The caution discusses potential consequences, including patent unenforceability, sanctions, reputation loss, and disciplinary measures.

  • FDA approval as intellectual property. Chapter 9 addresses the FDA's announcement of its position with regard to limited modifications to the manufacturing of devices approved through the PMA program or the Humanitarian Device Exemption (HDE) program during the COVID-19 public health emergency. Chapter 9 also discusses the FDA's proposed rule, 83 Fed. Reg. 63,127 (Dec. 7, 2019), to establish a process for submitting de novo classification requests as an alternative to a PMA submission.

  We at MCLE trust that you will find this new information useful in your IP practice, and valuable in maintaining your law library.

  Cordially,

  Maryanne G. Jensen, Esq., MCLE Director of Publications

Table of Contents

Chapter 1 expand

The Initial Client Meeting

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Aidan R. Welsh, Esq., Schoonmaker, George, Colin & Blomberg, PC

Chapter 2 expand

Motion Practice for Temporary Orders

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Renée C. Bauer, Esq., Bauer Law Group, LLC

Exhibit 2A

- Sample Motion for Custody, Pendente Lite Buy Form

Exhibit 2B

- Sample Motion for Exclusive Possession, Pendente Lite Buy Form

Exhibit 2C

- Sample Motion for Alimony, Pendente Lite Buy Form

Exhibit 2D

- Sample Motion for Child Support, Pendente Lite Buy Form

Exhibit 2E

- Sample Motion to Appoint Guardian Ad Litem for Minor Child Buy Form

Exhibit 2F

- Sample Ex Parte Emergency Motion for Custody Buy Form

Exhibit 2G

- Sample Affidavit in Support of Ex Parte Motion for Custody Buy Form

Exhibit 2H

- Sample Motion for Psychiatric Evaluation, Pendente Lite Buy Form

Exhibit 2I

- Sample Motion for Attorney Fees, Pendente Lite Buy Form

Chapter 3 expand

Financial Affidavits

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Carmina K. Hirsch, Esq., Hirsch Legal, LLC

Exhibit 3A

- Financial Affidavit (JD-FM006 LONG Rev. 2-16) Buy Form

Exhibit 3B

- Financial Affidavit (JD FM006 SHORT Rev. 2-16) Buy Form

Exhibit 3C

- Financial Affidavit Polish Short Form Buy Form

Exhibit 3D

- Financial Affidavit Portuguese Long Form Buy Form

Exhibit 3E

- Help Text for Financial Affidavit Long Form Buy Form

Exhibit 3F

- Help Text for Financial Affidavit Short Form Buy Form

Exhibit 3G

- Financial Affidavit Information Sheet Buy Form

Exhibit 3H

- Family Law Software Planner Family Information Sheet and Income and Assets List Buy Form

Exhibit 3I

- Child Support Guidelines Effective July 1, 2015 Buy Form

Chapter 4 expand

Discovery

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Sheila S. Cascio, Esq.,
Ellen B. Lubell, Esq., Law Offices of Ellen B. Lubell

Exhibit 4A

- Court Form JD-FM-6: Financial Affidavit Buy Form

Exhibit 4B

- Financial Affidavit Long Form as of January 2014 Buy Form

Exhibit 4C

- Financial Affidavit Short Form as of January 2014 Buy Form

Exhibit 4D

- Manuscripted Financial Affidavit Buy Form

Exhibit 4E

- Superior Court for Family Matters—Standing Orders: Case Management Orders Buy Form

Exhibit 4F

- Interrogatories Buy Form

Exhibit 4G

- Request for Production of Documents Buy Form

Exhibit 4H

- Motion for Extension of Time to Respond Buy Form

Exhibit 4I

- Authorization for Release of Protected Health Information Buy Form

Exhibit 4J

- Expert Discovery Schedule, Form JD-CV-115 Buy Form

Exhibit 4K

- Subpoena Duces Tecum Buy Form

Exhibit 4L

- Application for Appointment of a Commission to Take the Deposition of a Nonresident Buy Form

Exhibit 4M

- Request to Admit Buy Form

Chapter 5 expand

The Definition of Property

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Campbell D. Barrett, Esq., Pullman & Comley LLP

Exhibit 5A

- Timeline of Key Cases on the Definition of Property Buy Form

Chapter 6 expand

Alimony

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Alexander J. Cuda, Esq., Needle | Cuda

Chapter 7 expand

Child Support Basics

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Susan K. Smith, Esq.,

Chapter 8 expand

Issues Relating to Children: Jurisdiction, Child Custody, Visitation, and Other Issues

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Hon. Barry F. Armata, Connecticut Superior Court
Kathryn Leigh Bissonnette, Esq., Brown Paindiris & Scott LLP
Cheryl L. Cassella, Esq., The Hartford Financial Services Group
Kate W. Haakonsen, Esq., Brown Paindiris & Scott LLP

Chapter 9 expand

Health and Life Insurance

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Sandi Beth Girolamo, Esq., Flaherty Legal Group LLC
Pamela M. Magnano, Esq., Flaherty Legal Group LLC

Exhibit 9A

- Connecticut HUSKY Health Program Annual Income Guidelines–Effective March 1, 2017 Buy Form

Exhibit 9B

- Life Insurance Authorization Buy Form

Chapter 10 expand

Tax Considerations

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Michele R. Dumesnil, Russell & Company CPAs, PC
James G. Russell, Russell & Company CPAs, PC

Chapter 11 expand

Pretrials

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Exhibit 11A

- Applicable Connecticut Practice Book Sections Buy Form

Exhibit 11B

- Fairfield Judicial District Standing Order: Trial Management Order Buy Form

Chapter 12 expand

Marital Separation Agreements

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Carla A. Barone, Esq., Cohen Forman Barone LLP
Linda L. Mariani, Esq., Mariani & Reck

Exhibit 12A

- Sample Clauses Concerning Selling the Marital Residence Buy Form

Exhibit 12B

- Sample General Provisions Buy Form

Exhibit 12C

- Sample Notice of Automatic Orders Buy Form

Chapter 13 expand

Use of Experts

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Chapter 14 expand

Trial Practice Techniques

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Peter M. Bryniczka, Esq.,
Hon. Thomas D. Colin, Schoonmaker, George, Colin & Blomberg, PC

Chapter 15 expand

Evidentiary Issues

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Steven R. Dembo, Esq., Berman Bourns Aaron & Dembo LLC

Chapter 16 expand

Appellate Procedure and Posttrial Motions

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Kenneth J. Bartschi, Esq., Horton Dowd Bartschi & Levesque PC

Exhibit 16A

- Sample Civil Appeal Form and Instructions Buy Form

Chapter 17 expand

Contempt

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Michael A. Blanchard, Esq., Suisman Shapiro

Chapter 18 expand

Premarital Agreements

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Jon T. Kukucka, Esq., Pullman & Comley LLP

Chapter 19 expand

Restraining Orders

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Jonathan P. Budlong, Esq., Budlong & Budlong LLC

Chapter 20 expand

Representing Children in Family Court Custody and Visitation Disputes

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Bruce Clements, Children's Law Center of Connecticut
Randa R. Hojaiban, Esq., Children's Law Center of Connecticut
Justine C. Rakich-Kelly, Esq., Children's Law Center

Exhibit 20A

- Sample Parent Questionnaire Buy Form

Exhibit 20B

- Judges Speak Buy Form

Chapter 21 expand

Alternative Dispute Resolution

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Susan V. Busby, Esq., Law Office of Susan Busby LLC

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Author(s)