# Personal-Participation Inserts for RFP Responses

**Purpose:** Strengthen RFP responses to align with the judge's personal-liability framework (§ 51, LLC Law § 609, Turane).

**Source:** RFP_AND_BOP_FEEDBACK_MEMO.md

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## Request 1: Patents evidencing violations

**Suggested addition:** "The patents evidence that Defendant Goldberg personally directed, approved, or carried out the use of Plaintiff's name on USPTO records after June 15, 2020. Goldberg's signature appears on POA forms (PTO/AIA/82A) in the same applications that later issued with Plaintiff's name on Line 74; he exercised control over Line 74 attorney designation." 

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## Request 2: Documents re patents/applications

**Suggested addition:** "Documents include Power of Attorney forms (PTO/AIA/82A) signed by Defendant Goldberg in the same applications that later issued with Plaintiff's name on Line 74 (e.g., 18/242,465, 18/511,800), and assignment records where Goldberg signed as correspondent. These demonstrate Goldberg's personal participation in the use of Plaintiff's name." 

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## Request 3: Documents using name (website)

**Suggested addition:** "Defendant Goldberg, as Co-Managing Partner of the firm, controlled the firm website. He personally directed or permitted the display of Plaintiff's name and professional biography as 'PATENT ATTORNEY' through June 2025, after Plaintiff's authority had ceased." 

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## Request 4: Communications using name

**Suggested addition:** "Communications include assignment correspondent blocks and USPTO filings where Goldberg personally submitted documents while Plaintiff's name remained on the record." 

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## Request 5: Documents re damages

**Note:** Damages under § 51 are statutory. No special insert needed. 

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## Request 6: Documents demonstrating causation

**Suggested addition:** "Causation is demonstrated by documents showing that Goldberg personally signed, submitted, directed, or approved the use of Plaintiff's name—including POA forms (82A) signed by Goldberg in the same applications that issued with Plaintiff's name on Line 74, and control over Line 74 designation. Goldberg had the ability to remove or substitute Plaintiff's name and chose not to until 2025." 

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## Request 7: Documents re Complaint

**Suggested addition:** "Documents referenced in the Complaint include patent front pages (Line 74), website screenshots, and POA forms (82A) signed by Goldberg in the same applications that issued with Plaintiff's name on Line 74—all of which show Goldberg's personal participation in the alleged violations." 

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## Request 8: Correspondence re subject matter

**Note:** Non-privileged communications. Consider adding: "To the extent produced, communications will reflect Defendant's personal involvement in client matters and prosecution." 

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## Request 9: Documents re subject matter

**Suggested addition:** "Documents relevant to the subject matter include those demonstrating that Defendant Goldberg personally participated in the use of Plaintiff's name on patents, assignments, and the firm website after June 15, 2020, within the meaning of Civil Rights Law § 51 and LLC Law § 609 (Turane v. MGN, LLC)." 

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## Key Authorities

- **Civil Rights Law § 51** — Suit against person/firm/corporation doing the use
- **LLC Law § 609** — Member not liable solely due to LLC status
- **Turane v. MGN, LLC, 171 A.D.3d 835** — Personal liability when member personally participates in tort