USPTO Slams Publishers' Bid To Disclose Patent Suit Talks

Law360, Los Angeles (April 24, 2013, 8:19 PM EDT) -- The U.S. Patent and Trademark Office told a Minnesota federal judge Wednesday that U.S. law protects its privileged communications with the U.S. Copyright Office about a suit by academic publishers against law firm Schwegman Lundberg & Woessner PA over copyrighted journal articles.

The USPTO, which says it's fair use for attorneys to reproduce copyrighted journal articles when preparing patent applications, argued its communications with the Copyright Office were congressionally mandated and protected by attorney-client, work-product and deliberative process privileges. The USPTO said the communications were also...
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