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Dallas appeals court finds patent-agent privilege not valid in Ziosk patent case

The Dallas Court of Appeals refused to recognize a Texas “patent-agent” privilege that was recently adopted by the Federal Circuit in Queen’s University at Kingston despite a lengthy dissent by Justice Evans.

Silver claims that he invented and owns patents for the technology in a device called “Ziosk,” which enables restaurant patrons to make meal orders, play games, and pay the bill from their tables. Silver and Tabletop Media, LLC, a corporation that serves as the marketer for Ziosk, filed a lawsuit against each other in state court for breach of contract. Tabletop discovered over 300 emails between Silver and his non-attorney patent agent who sought the Ziosk patents. When a trial court rejected Silver’s claims that those emails were privileged, he sought mandamus in the Dallas Court of Appeals.

At Gagnon, Peacock & Vereeke, P.C., we represent clients in infringement litigation, whether as a plaintiff to stop someone from infringing upon you or as defendant to defend against false accusations of infringement. Call our offices today at (214) 824-1414 to discuss your situation and see how we can help you today.