April 2016
Nonattorney Patent-Agent Privilege Recognized by the Federal Circuit
In what was deemed “an issue of first impression for this court and one that has split the district courts,” the Federal Circuit granted mandamus in
In re Queen’s University at Kingston, No. 2015-145 (Fed. Cir. Mar. 7, 2016), to resolve the following question: “whether a patent-agent privilege exists.” Slip op. at 6-7. The majority found that such a privilege does exist, but with important limitations.
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Inequitable Conduct for the In-House Manager in the Middle
Unique challenges arise when an in-house attorney or patent manager is tasked with overseeing parallel litigation and reexamination proceedings. While these challenges can be successfully handled, they require considerable knowledge, diligence, and integrity. The recent case
Ohio Willow Wood Co. v. Alps South, LLC, Nos. 2015-1132, -1133 (Fed. Cir. Feb. 19, 2016), illustrates the calamity that can result when one or more of these qualities is missing.
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