Tag Archives: Privilege

Federal Circuit Recognizes Limited Patent Agent Privilege

In In re Queen’s University At Kingston, a divided panel of the Federal Circuit recognized a limited “attorney”-client privilege for patent agents. The majority’s decision to recognize a patent agent privilege is based largely on the statute permitting non-attorney patent agents to practice before the USPTO, and a Supreme Court decision ruling that prosecuting patent applications constitutes … Continue reading this entry

Federal Circuit Holds That Negotiations Underlying Settlement Agreements Can Be Discovered

In ResQNet.com, Inc. v. Lansa, Inc. (Fed. Cir. 2010), the Federal Circuit held that patent litigation settlement agreements can be relevant in a different proceeding to the issue of the reasonable royalties that may be owed by a different infringer of the same patent(s).  Last week, in In re MSTG, Inc., the court took that … Continue reading this entry