Intellectual Property
Feb. 29, 2012
Patent suits: Inconsistent application of attorney-client privilege
Given the lack of consensus, nobody should assume that invention disclosures or draft patent applications are privileged. By Mark Kachner of Knobbe Martens Olson & Bear LLP
In nearly every patent infringement lawsuit, the accused infringer will attempt to discover patent prosecution files and related communications of the patent at issue because such documents are relevant to validity and claim scope. Yet, often district courts apply the attorney-client privilege to patent prosecution files in inconsistent ways.
In 2000, the Federal Circuit appeared to bring clarity to the issue when it decided In re Spa...
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