Partner Peter Schechter Quoted in Law360 on Texas Roils Recently Stilled Waters of Patent Agent Privilege

Partner Peter Schechter was quoted in the Law360 article “Texas Roils Recently Stilled Waters of Patent Agent Privilege.”

Texas appellate ruling that an inventor’s emails with a nonlawyer patent agent aren’t privileged is causing consternation for patent lawyers who had hoped a Federal Circuit decision in March recognizing the privilege would be the final word on the issue and maintain continuity among different venues.
The ruling, a 2-1 decision from a panel of Dallas’ Fifth Court of Appeals last week, is believed to be the first state court holding on patent agent privilege since the Federal Circuit decided In re: Queen’s University at Kingston. The March decision protects discovery communications between registered patent agents and their clients when the communications are tied to patent prosecution.

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