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Expert Analysis

Are Your Patent Agent Communications Privileged?

Law360, New York (December 14, 2015, 2:21 PM EST) -- A long-festering legal issue of importance to the U.S. patent bar is now before the Federal Circuit. Earlier this year, an accused infringer (Samsung Electronics Co. Ltd.) sought production of communications between a patent agent registered with the U.S. Patent and Trademark Office and that agent's client. After the district court granted the motion requiring production of the communications, it stayed that ruling until the Federal Circuit could hear a mandamus petition. That petition has been filed, and oral argument was recently held on Dec. 2, 2015 (In re Queen's University at Kingston, Misc. Docket No. 15-145)....

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