Attorney-Client Privilege and Work Product Doctrine/Immunity of the U.S. Patent Litigation

Attorney-Client Privilege and Work Product Doctrine/Immunity of the U.S. Patent Litigation

 

Title
Attorney-Client Privilege and Work Product Doctrine/Immunity of the U.S. Patent Litigation
Author
Ming-Yi Lin, Shang-Jyh Liu, Min-Chiuan Wang
Keywords
U.S. patent litigation, attorney-client privilege, work product doctrine/Immunity, discovery, waiver
Abstract
This article discusses the application of attorney-client privilege and work
product doctrine/immunity to patent litigation to protect some information from
being disclosed. First, the authors will introduce their basic concepts. Then the
issues and related questions which result from their application to patent litigation
will be discussed. The topics related to attorney-client privilege consist of
whether it is applicable to patent attorneys or patent agents, and whether it
protects factual and technological communications. The topic regarding work
product doctrine/immunity is whether it protects documents produced by patent
attorneys during patent prosecutions. At last, in addition to explain circumstances
of waiver, the authors will discuss whether work product immunity would be
waived as well if one waives attorney-client privilege.
Abstract Article

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