Archive | Attorney-client privilege

Will State Courts Recognize Patent Agent Privilege?

A Texas Court of Appeals held that the privilege between patent agents and their clients – recognized by the Federal Circuit in In re Queen’s University, No. 2015-145 (Fed. Cir. March 7, 2016) – is not recognized by Texas state courts. In re Andrew Silver, 05-160074-CV (Dallas Ct. App. Aug. 17, 2016).  The court reasoned […]

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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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