Texas Supreme Court to Hear Arguments on Patent Agent Privilege

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.

About David

Professor of Law, Mercer University School of Law. Formerly Of Counsel, Taylor English Duma, LLP and in 2012-13, judicial clerk to Chief Judge Rader.

2 thoughts on “Texas Supreme Court to Hear Arguments on Patent Agent Privilege

    1. 1.1

      I hope… I just can’t imagine a world where privilege turns on what claim(s) are later asserted, and where…

Comments are closed.