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Texas Justices Weigh Patent Agent Emails Merit Privilege

Law360, Dallas (November 9, 2017, 9:05 PM EST) -- Texas Supreme Court justices on Thursday questioned whether patent agents who are not attorneys can assert attorney-client privilege to protect their communications with clients made in the context of patent prosecutions.

During oral argument in what is believed to be the first state high court case in the country to raise the question of privilege for nonattorney patent agents, the Texas justices focused on the import of the U.S. Supreme Court’s 1963 decision in Sperry v. Florida. In Sperry, which involved a nonattorney patent agent accused...
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