attorney-client privilege

CLE: Advice of Counsel Defense and Privilege Waivers In Patent Litigation Post-Halo

Leave a Comment / Continuing Legal Education / By

CLE courses seem to be popping up left and right about the impact of the Supreme Court’s 2016 Halo v. Pulse decision reversing the prior Seagate willful infringement standard.  The focus of these other CLEs seems to be more on the substantive law of willfulness and how the district courts have responded to the issue […]

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Narrow Scope of “Patent Agent Privilege” Creates Ethical Traps for the Unwary

Leave a Comment / IP Ethics, Office of Enrollment and Discipline, Patent Agent, Patent Ethics, Unauthorized Practice of Law / By

The Federal Circuit’s 2-1 decision yesterday in In re Queen’s University at Kingston resolved a split in the district courts over whether a “patent agent”-client privilege exists independent from the attorney-client privilege. The majority held it does. While the court’s holding provides clarification in this case of first impression, patent agents, their law firm employers,

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