Tuesday, October 13, 2009

Lobbying Efforts Not Privileged With Respect to Specific Patent

Defendant's motion for a protective order quashing the deposition of its attorney who was defendant's policy counsel/legislative strategist was granted in part. "Defendant’s lobbying activities are generally protected by the First Amendment . . . [and] Plaintiff has not shown adequate relevance, to the present case, of Defendant’s efforts to affect the future development of the applicable law. . . . [However] [g]iven that Defendant is publicly engaged in lobbying activities on the issue of patent reform, the court will allow Plaintiff to inquire into whether and to what extent Defendant’s lobbying efforts have specifically addressed the patent in suit."

PA Advisors, LLC v. Google Inc. et al., 2-07-cv-00480
(TXED October 8, 2009, Order) (Folsom, J.)

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