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Category: Attorney-client privilege


Federal Circuit Recognizes Patent "Agent"Privilege
March 09, 2016
Post by Blog Staff
The attorney-client privilege has not previously been extended to cover communications between U.S. patent applicants and non-attorney patent agents. That is about to change. In a recent decision, In re: Queen's University at Kingston, the Federal Circuit recognized that communications between U.S. patent applicants and non-attorney patent agents should receive some degree of privilege. In recogniz.......
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En banc Federal Circuit scraps affirmative duty of care to avoid infringement
August 21, 2007
Post by Blog Staff
In a unanimous en banc decision issued late yesterday afternoon, the Federal Circuit granted a petition for mandamus requested by a party who was ordered by a district court to produce attorney-client privileged and work product protected material of its trial counsel, and to permit deposition of its trial counsel. The order was entered after the defendant disclosed it would rely upon an opinion of counsel as a.......
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Thursday at the Federal Circuit: en banc arguments on the duty of care and waiver of privilege
June 05, 2007
Post by Blog Staff
This Thursday, the Federal Circuit will sit en banc to hear oral argument in In re Seagate Technology LLC, a mandamus case regarding a district court's order to produce certain attorney-client privileged materials. (Update (6/7): the audio of the oral argument is now available online at this link.) Like in many patent cases, one of the defendants, Seagate, chose to obtain an opinion from counsel regarding .......
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Federal Circuit to decide scope of attorney-client privilege waiver en banc
January 26, 2007
Post by Blog Staff
The Federal Circuit this afternoon agreed to hear a case to determine the scope of the waiver of attorney-client privilege when advice of counsel is used to defend against a charge of willful infringement. The order in In re Seagate Technology, LLC, which can be found here, invites the parties to brief the following questions: (1) Should a party's assertion of the advice of counsel defense to willful infri.......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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