(a) An individual lawyer who rendered an opinion tendered in
defense of a charge of willful infringement should not, absent express
permission from the Court, examine witnesses or otherwise appear as an
advocate in front of a jury where the jury will be determining the question of
PR-11
willful infringement.
(b) An individual lawyer involved in the prosecution of a patent-in-
suit and whose conduct in connection with such prosecution is to be
determined by the trier of fact should not, absent express permission from
the Court, examine witnesses or otherwise appear as an advocate in front of
the trier of fact where the trier of fact will make any determination of the
question of inequitable conduct with respect to that patent-in-suit.
(c) No other disqualification or limitation on the participation of an
individual lawyer should be required solely based on the fact that the lawyer
rendered an opinion tendered in defense of a charge of willful infringement
or the fact that there is a claim of inequitable conduct with regard to a patent
in which the lawyer was involved in the prosecution of the particular patent-
in-suit unless the party moving for disqualification or limitation of
participation shall demonstrate a basis for such under the Georgia Rules of
Professional Conduct or applicable case authority, or shall otherwise show
good cause for such disqualification or limitation of participation.
(d) With regard to motions made pursuant to (c), counsel shall not
be disqualified or limited from participation in the case, pursuant to these
rules, prior to a ruling on such a motion.
