Atty Privilege When US Patent Case Involves Foreign Attys

Law360, New York (October 31, 2013, 5:45 PM ET) -- Issues surrounding the application of attorney-client privilege in U.S. litigation often arise when non-U.S. or foreign patent attorneys or agents are involved in patent prosecution and opinion preparation. While the analysis is anything but straightforward, recent case law does provide some principles that companies need to keep in mind when developing internal policies aimed at maintaining privileged communications.

Specifically, federal common law, construed by the Federal Circuit, governs questions of privilege in patent cases and[1] most district courts employ a two-step analysis in determining whether non-U.S....
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