My Amicus Brief in In re Silver: Texas Should Defer to Federal Circuit Law on Existence of Patent Agent-Client Privilege

I wrote about this issue below:  a Texas appellate court held that the Federal Circuit’s law on privilege did not apply to a claim involving a breach of contract, and so communications that (might?) be privileged under federal law were discoverable in state court.  There’s a ton of briefing between the parties and other amicus on whether, or not, Texas state courts should recognize a patent agent-client privilege.

I chimed in and said that under existing choice of law principles in Texas, it should defer to federal law.  My brief is here.

No clue how the Court will rule, but for the sake of certainty and expense, I hope they agree with my views.

 

2 thoughts on “My Amicus Brief in In re Silver: Texas Should Defer to Federal Circuit Law on Existence of Patent Agent-Client Privilege

  1. Other amicus briefs have been filed, and it looks like someone sought to file one without being admitted pro hac, and so I’m guessing that will be re-filed soon.Here is link:

    link to search.txcourts.gov

  2. Excellent amicus letter brief! Hopefully, SCOTEX will understand the serious implications for both patent prosecutors and clients if they do not defer to federal law on this issue.

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