Conflicts of Interest in IP: Panel Discussion

Hypothetical Scenario 1: A patent previously obtained for Client 1 (small business) of the firm is cited as prior art during the examination of another patent for Client 2 (large, sophisticated business). The same lawyer at the firm is involved on both matters. Does this constitute a conflict of interest?

Hypothetical Scenario 2: 2. Client 1 (Mid sized business) retains a firm regarding its patent and TM prosecution (including a IP portfolio audit, which involved the principal lawyer on the file attending at the site of Client 1 and identifying and proposing specific IP protection). Would the firm be conflicted out if later it found itself acting for Client 2 in an adversarial matter (i.e. section 45 proceeding on the same mark)?

Hypothetical Scenario 3: An IP lawyer was approached by a sole general practitioner in a small town to prepare a ghost written response to a cease and desist letter. The small business received a demand letter made by a large corporation in which the large corporation alleged that its TM rights were infringed by the use of a similar mark. In the ghost written letter, the IP lawyer went into a great deal of particularity setting out reasons why the two marks were dissimilar and speculated reasons why the large corporation’s TM may be invalid. The large corporation later retained the same firm within a year (different IP lawyer, same office) to take over the entirety of its TM portfolio from in-house counsel. Does this constitute a conflict?