Appeals Case Tests Privilege Between Attorney, Patent Agent

Bingham McCutchen lawyers are fighting for correspondence from the Young & Thompson law firm in a dispute on appeal that explores the scope of attorney-client privilege between a lawyer and a patent agent. Bingham lawyers argued that correspondence between Young & Thompson attorneys and Norway-based employees of ABC-Patent is not protected because none of ABC-Patent’s employees are registered with the PTO. Bingham lawyers also contend that ABC-Patent was not working under Young & Thompson’s direction.