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.