Fletcher YoderPatent-agent privilege extends to communications between a patent agent and a client when the agent is acting within the agent’s authorized practice of law before the Patent Office.
Patent-agent privilege does not extend to communications between a patent agent and a client in Texas state courts.
Spoliation is the destruction or material alteration of evidence in pending or reasonably foreseeable litigation.
The previous standard of due care for proving willful infringement, as recited in Underwater Devices, is overruled as inconsistent with other civil jurisprudence and a recklessness standard is imposed. Further, reliance on an opinion of counsel does not waive privilege with respect to a separate and independent trial counsel.