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Client-attorney privilege for non-US attorneys: Can clients trust that privileged communications with their patent attorneys will not be disclosed in US courts?

By Mikkel Roed Trier | Posted on November 9, 2018

The legal situation in the US concerning client-attorney privilege for patent attorneys has seen some development in recent years. But, especially for non-US patent attorneys, the situation is still uncertain. A recent order of the US International Trade Commission (ITC), 3Shape, confirms the uncertainty concerning foreign patent attorneys. Federal Circuit decision Queen’s of 2016 introduced for...

Tags: 3Shape, client-attorney privilege, ITC, non-US patent attorneys, patent attorneys, patents, PTAB, Queen's, US

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Emily Chamberlain, Senior Associate and Patents, Stockholm, Sweden

Emily Chamberlain

Senior Associate, Patents

Niklas Mattsson, Partner and European Patent Attorney, Stockholm, Sweden

Niklas Mattsson

Partner, European Patent Attorney, Authorised Swedish Patent Attorney, UPC Representative

Ai-Leen Lim, Partner and Attorney at Law, Hong Kong SAR

Ai-Leen Lim

Partner, Attorney at Law, Group Vice President

Julia Wang, Senior Associate and Attorney at Law, Beijing, China

Julia Wang

Senior Associate, Attorney at Law

Ylva Strandberg, Counsel and AU and NZ Patent Attorney, Stockholm, Sweden

Ylva Strandberg

Counsel, AU and NZ Patent Attorney

Hongyue Li, Senior Associate and China Patent Attorney, Beijing, China

Hongyue Li

Senior Associate, China Patent Attorney