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Intent To Defraud Patent And Trademark Office Deprives Documents Of Attorney-Client Privilege Protection - Intellectual Property

To print this article, all you need is to be registered or login on Mondaq.com. Plaintiff Global Tubing, LLC ( Global ) filed a motion to compel production of documents withheld as privileged by Defendant Tenaris Coiled Tubes, LLC ( Tenaris ). As explained by the district court, in its motion to compel, Global claimed that Tenaris obtained its patents by deceiving the Patent and Trademark Office ( PTO ), withholding prior art in prosecuting the main patent, and then altering and withholding a key piece of the prior art. Global contended that Tenaris actions withholding the material from the PTO amounted to fraud, vitiating any attorney-client privilege under the crime-fraud

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