The Federal Circuit last year in In re Queen’s University held that its law controlled and there was a patent agent-client privilege. That brought some clarity, since there had been a split on even the existence of the privilege.
Enter Texas, where one of its court of appeals held that, because the claim in that case was not patent infringement, but a state law claim, Texas law applied, and under it, there was no patent agent privilege. My earlier post about it is here. That post also links to the amicus brief I filed, arguing a point not raised by the parties: that under Texas choice of law principles, Federal Circuit law applied and there was good reason to defer to its approach.
The Texas Supreme Court just announced that it will hold oral argument on the pending petition for mandamus relief. My instincts tell me that this means the court is likely going to reverse, which would be a good thing because clarity will reduce costs. No date is set, yet.
Congrats on your efforts which appear to show necessary steps are being taken.
I hope… I just can’t imagine a world where privilege turns on what claim(s) are later asserted, and where…
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