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Heather Repicky presents at IP Chat Channel’s webinar “Privilege in Patent Disputes”

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02.19.2014

Heather Repicky, a partner in the firm’s Litigation Department and a member of the firm’s Intellectual Property Litigation practice group, served as a panelist at the Intellectual Property Owners Association (IPO) IP Chat Channel’s webinar “Privilege in Patent Disputes: Thorny Issues Involving Patent Agents and Foreign Attorneys” on February 19. This weekly one-hour webinar series on current topics in IP is produced in cooperation with host Pamela Sherrid, former editor of IP Law & Business magazine.

The webinar focused on the questions of attorney-client privilege which come up frequently during the discovery process in patent infringement litigation. Topics included how most district courts employ a two-step analysis in determining whether non-U.S. counsel's communications are discoverable in U.S. litigation: the court determines whether U.S. or foreign privilege law applies and then it looks to whether the governing law recognizes privilege for the particular communications at issue and the scope of that privilege; and how within the U.S., federal district courts are split on whether patent agent communications are privileged, and this issue may be an important factor in selecting a venue to bring a patent complaint. Panelists discussed the case law that governs these situations and what internal procedures companies and law firms should rely on to maintain privilege whenever possible.

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