In re Andrew Silver

A client’s communications with his registered patent agent, made to facilitate the agent’s provision of authorized legal services to the client, are privileged under Tex. R. Evid. 503.Andrew Silver brought a breach of contract action against Tabletop Media, LLC, alleging that it failed to pay him for his patent. During discovery, Tabletop sought production of emails between Silver and Raffi Gostanian, the patent agent who represented Silver before the United States Patent and Trademark Office. Silver refused to produce the emails, asserting that they were covered by the lawyer-client privilege. The trial court granted Tabletop’s motion to compel production. Thereafter, Silver sought mandamus relief. The court of appeals denied relief. The Supreme Court conditionally granted mandamus relief, holding that, under certain circumstances, the existing lawyer-client privilege extends to communications between a registered patent agent and the agent’s client. View "In re Andrew Silver" on Justia Law