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...

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