Archive | Attorney-client privilege

Common Interest Privilege Covers Non-Attorneys in Patent Case

The District of Massachusetts held that the common-interest exception to third-party privilege waiver protected communications disclosed to a licensee and non-attorney expert. Crane Security Technologies, Inc. v.  Rolling Optics, AB, No. 14-12428-LTS (D. Mass. Feb 3, 20017).  Crane Security Techs. Inc sued Rolling Optics, AB for infringing patents related to anti-counterfeiting measures on currency, e.g., metallic […]

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Communications with Patent Agents and Foreign Associates – Recent Developments on Privilege

If you are, or work with, a patent agent – or if you are at one end or the other of communications between U.S. attorneys and foreign attorneys and/or patent agents – this recent presentation by my colleague Peter Keros has some useful information.  The basic takeaways are these.  First, patent agents are treated like […]

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Federal Circuit Recognizes Privilege For Patent Agents

The Federal Circuit recently held that there is an independent patent agent privilege, explaining that because prosecuting a patent application before the US Patent and Trademark Office (USPTO) constitutes the practice of law, communications with non-attorney patent agents are privileged. In re: Queen’s University at Kingston, No. 2015-145, 2016 U.S. App. LEXIS 4259 (Fed. Cir. […]

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Independent Contractors Are Covered by the Attorney-Client Privilege

Use of independent contractors is common in the tech world, especially in software development.  Communications between a company’s attorneys and an independent contractor may be protected by the attorney-client privilege, so long as the communications are directed to the independent contractor functioning as an employee.  A recent case illustrates the principle.  Gen-Probe Inc. v. Becton […]

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