Strategies for Preserving U.S. Attorney-Client Privilege with Foreign Attorneys or Agents Involved in Patent Prosecution and Litigation

Privilege issues often arise when foreign companies, using non-U.S. attorneys or agents, assist with or prosecute applications in the United States and abroad. Federal common law, as construed by the United States Court of Appeals of the Federal Circuit, governs questions of privilege in patent cases. In determining, for example, whether communications of a foreign in-house attorney or agent are discoverable in U.S. litigation, most district courts employ a two-step analysis. The threshold question involves a determination of whether U.S. or foreign privilege law applies. Following this choice-of-law analysis, courts then determine whether the governing law recognizes privilege for the particular communications at issue and the scope of that privilege.

Please join our panel as they discuss the implications and nuances of foreign privilege law in global prosecution and U.S. litigation. Topics include:

• The choice of law analysis
• Foreign privilege law and the applicability of the privilege to foreign patent files
• Maximizing privilege protection, given the varied state of foreign privilege law and its application in prosecution and litigation

This webinar is the third in Finnegan’s 2013 series, “Strategic U.S. Patent Series for European Counsel.” We hope you are able to attend.

Moderator:

Anthony C. Tridico, Ph.D.

Speakers:
Bryan C. Diner
Jennifer H. Roscetti

Date:
Wednesday, April 24, 2013

Time:
16:00 CEST
10:00 EDT