Texas High Court To Weigh Discovery Of Patent Agent Emails

Law360, Dallas (June 16, 2017, 7:28 PM EDT) -- The Texas Supreme Court on Friday granted review in a case that asks whether the state extends attorney-client privilege to registered patent agents who communicate with clients in the context of patent prosecutions.

The case is believed to be the first time the question of privilege for non-attorney patent agents has reached a state supreme court. Federal courts protect from discovery communications about patent prosecution between patent agents and their clients, but a panel of Dallas' Fifth Court of Appeals in August said a Federal Circuit ruling on the issue doesn't apply in state court.

Underlying the dispute are competing claims for...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!