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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

State Court Lacks Jurisdiction Over Legal Malpractice Claim That Required Court To Resolve Federal Issues Relating To Scope,...

by Hinshaw & Culbertson LLP on

Solar Dynamics, Inc. v. Buchanan Ingersoll & Rooney, P.C., 2017 WL 519314 (Fla. 2017) - Brief Summary - A Florida appellate court held that the trial court lacked jurisdiction over a legal malpractice action that...more

In-House and Outside Counsel Disqualified and Complaint Dismissed Where In-House Counsel Played Significant Role in Preparing...

In Dynamic 3D Geosolutions LLC v. Schlumberger Ltd., Nos. 15-1628, -1629 (Fed. Cir. Sept. 12, 2016), the Federal Circuit affirmed the district court’s decision to disqualify Dynamic 3D’s counsel and dismiss its patent...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - May 2016

by Hinshaw & Culbertson LLP on

Conflicts of Interest — Subject Matter Conflicts — Can IP Attorneys Simultaneously Represent Two Clients That Are Prosecuting Patents for Similar Inventions? - Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner,...more

Health Alert (Australia) - April 11, 2016

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales 6 April 2016 - Fan v South Eastern Sydney Local Health District [2016] NSWCA 64 Mr Fan...more

MA Supreme Court Issues Highly Anticipated Patent Ethics Decision

by Morgan Lewis on

Simultaneous representation by a law firm in the prosecution of patents for two clients for similar inventions is not a per se violation of the Massachusetts Rules of Professional Conduct. On December 23, in Chris E....more

Massachusetts Court Clears Patent Prosecutors of Malpractice Claims Arising From Representation of Clients in Same Technology Area

On December 23, 2015, the Massachusetts Supreme Judicial Court affirmed a lower court’s dismissal of a legal malpractice suit finding that, “simultaneous representation by a law firm in the prosecution of patents for two...more

Legal Malpractice Claims Against Prosecuting Attorneys Belong in State Court - NeuroRepair, Inc. v. Nath Law Group

by McDermott Will & Emery on

Addressing whether the federal district court had jurisdiction over state legal malpractice claims relating in part to the prosecution of patent applications, the U.S. Court of Appeals for the Federal Circuit held that the...more

Courts Applying Gunn v. Minton Must Distinguish “Forward-Looking” From “Backward-Looking” Patent Issues

by Brooks Kushman P.C. on

One long-standing feature of the U.S. patent system is exclusive court jurisdiction over patent cases. Exclusive federal jurisdiction at the trial level, combined with the U.S. Court of Appeals for the Federal Circuit’s...more

Don't Rely On Your Expert's Speculation To Save You From Summary Judgment

by Brooks Pierce on

Just because an expert says something is so doesn't mean that it is. That's the lesson of Judge Gale's ruling last week in Carter v. Clements Walker. He rejected the evidentiary value of an expert's report stating that...more

IP: Hidden Traps: Introduction to Subject Matter Conflicts in Patent Prosecution

by Buchalter on

Clearly, client-driven litigation and malpractice complaints against patent practitioners are not decreasing any time soon. During the investigation surrounding the suit or complaint, the actions or inactions of the patent...more

Feathers start to fly over upcoming book about why lawyers suck

by Melody A. Kramer on

Today has been an interesting day for the “Why Lawyers Suck and What You Can Do About It” book project. First thing this morning I got a phone call from someone passionately supportive of this project and everything it...more

Gunn v. Minton: The Supreme Court's Correction of the Federal Circuit's Overly Broad Assertion of Jurisdiction Over State-Law...

by Knobbe Martens on

For nearly two decades, the Federal Circuit has applied a lenient standard for federal jurisdiction that routinely sweeps state law claims into the exclusive jurisdiction of the federal courts merely because the claims...more

In the Crosshairs: District Courts Utilize Gunn to Dismiss Patent-Related Legal Malpractice Claims for Lack of Subject Matter...

In an opinion and order dated May 7, 2013, the Honorable Mitchell S. Goldberg of the U.S. District Court for the Eastern District of Pennsylvania dismissed for lack of subject matter jurisdiction a legal malpractice action...more

Federal Circuit Review - Volume 3 | Issue 3 March 2013

by Knobbe Martens on

In This Issue: • State Courts Should Handle Patent Malpractice Cases • “A” and “An” in Claims Mean “One or More” • No Direct Infringer Needs to be Identified in Declaratory Judgment Jurisdiction Over Indirect...more

The Patent Legal Malpractice Implications of “Walker Process” Antitrust Claims

As experienced trial lawyers know, successfully trying or defending a case is all about presenting a compelling, understandable theme and narrative that comports with a judge and jury’s common sense and experience....more

Supreme Court Rules that a State Court Has Jurisdiction over a Legal Malpractice Claim Involving a Federal Patent Issue

by McDermott Will & Emery on

The Supreme Court of the United States, in Gunn v. Minton, determined that a Texas state court had jurisdiction over a legal malpractice claim, even though resolving the claim required the state court to address an issue of...more

Shot Down by the Gunn: The Supreme Court Rules in Favor of Leaving Malpractice Cases Involving Underlying Patent Issues with State...

by Bracewell LLP on

On February 20, 2013, the Supreme Court issued its opinion in the case of Gunn v. Minton. The heart of this matter is whether the state-based malpractice action based upon an underlying patent infringement lawsuit may be...more

Malpractice Cases Against Patent Lawyers Stay in State Court, as Supreme Court Continues to Refine Reach of Grable

by Foley & Lardner LLP on

In the course of deciding that malpractice cases against patent lawyers belong in state courts (when there is no diversity of citizenship), the United States Supreme Court has issued an important ruling on the scope of...more

Supreme Court Holds That Patent Legal Malpractice Claims Do Not “Arise Under” The Patent Laws and May Be Heard in State Court

On February 20, 2013, the Supreme Court issued a decision addressing the critical question of where plaintiffs can or must sue when their claims implicate patent law but are not traditional patent law claims. See Gunn v....more

Gunn v. Minton (2013)

A patent issue exerted its Circe-like effect on the Supreme Court again today in Gunn v. Minton, a decision overruling the Texas Supreme Court on the question of whether the existence of a patent issue in a legal malpractice...more

Terrorizing Patent Practitioners: Highlights from Oral Argument at the Supreme Court for Gunn v. Minton

by Bracewell LLP on

On January 16, 2013, the Supreme Court of the United States heard oral arguments in Gunn. The heart of the matter is whether the state-based malpractice action may be heard in state court or whether it must be heard in...more

Returning Fire: The Respondent's Brief and Several Supporting Amicus Curiae Briefs in Gunn v. Minton

by Bracewell LLP on

Earlier we reported on both the U.S. Supreme Court's grant of certiorari in the Gunn v. Minton case decided by the Supreme Court of Texas and the submission of Petitioner's and several supporting amicus curiae briefs. Gunn is...more

Opening Shots in Gunn v. Minton: The Petitioner's Brief and Several Amici Curiae Briefs in Support

by Bracewell LLP on

Earlier this year we reported on the granting of certiorari for the case of Gunn v. Minton from the Supreme Court of Texas. The case involves a claim of attorney malpractice in an underlying patent litigation matter. The...more

Gunning for the Supreme Court: A "Substantial" Case "Arising" from Texas That Means More Than You Think!

by Bracewell LLP on

On Friday, October 5, 2012, the U.S. Supreme Court granted certiorari in Gunn v. Minton, seeking to address whether the Federal Circuit and other courts following its lead have departed from the Supreme Court's "arising...more

Is it Time for Federal Courts to Stop Exercising Jurisdiction Over Patent Legal Malpractice Claims?

During past month when many patent practitioners may have been distracted by the “laws of nature” meaning of the Mayo v. Prometheus decision, the Court of Appeals for the Federal Circuit issued four precedential rulings...more

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