Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Clinton: SCOTUS Myriad Genetics Decision 'Terrific'
Goldstein: Expect More Litigation in Wake of Myriad Gene Patent Decision
Patent Series: Protecting inventions
Trademark Series: Use-based trademark protection
Trademark Series: Protecting your mark from becoming generic
Trademark Series: Matching your commercial strategy
Trademark Series: Building a global brand
Mobile App Series: Privacy by Design
Instapundit: America's IP Laws Need to be "Pruned Back"
Video Game Lawsuit Highlights Intellectual Property Issues with Internet Memes
Bill on Bankruptcy: Lehman Test Case on Judicial Nullification
Are Human Genes Patentable? Supreme Court Hears Oral Arguments in Myriad Case
AIA Impact on Start Up Capital
Video Sharing App Vine Hit with Takedown Notice from Prince
Can You Patent Human Genes? ACLU Says No
AIA Impact on University Innovation and Tech Transfer
'Gray Market' Lawyer: Congress Won't Change Copyright Laws
Oral Arguments Before the USPTO Patent Trial & Appeal Board
Patent Office Litigation Update: Impact on Timing
The Perfect Patent Office Litigator
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
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
Transcript of the hearing on Judge Wright's Order to Show Cause why Prenda Law should not be sanctioned. While the hearing was attended by Brett Gibbs, none of the other six Prenda affiliates (including John Steele, Paul...more
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
In Gunn v. Minton, the Supreme Court held that federal courts do not have exclusive jurisdiction over patent malpractice claims. Under 28 USC § 1338(a), federal courts have exclusive jurisdiction over cases “arising under any...more
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
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
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
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
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
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
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
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
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
People use the Internet for countless reasons, ranging from posting thoughts and pictures onto blogs, to keeping up with friends and family, and even maintaining bank accounts and credit card balances. As we go through our...more
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
The Federal Circuit has issued a decision addressing the application of the California doctrine of equitable tolling in the context of a legal malpractice case. ...more
The full Court of Appeals for the Federal Circuit has confirmed that where the outcome of a legal malpractice case turns on federal patent law, federal jurisdiction exists. Even though a claim arises under state law, it may...more
What happens when a start-up company (Protostorm) retains a sole practitioner to prepare provisional patent applications, another solo lawyer to prepare the corresponding U.S. non-provisional application, and yet another firm...more
Over four years have elapsed since the Federal Circuit first held that federal courts possess exclusive jurisdiction over patent legal malpractice claims. In Immunocept, LLC v. Fulbright & Jaworski, LLP, 504...more
The U.S. District Court for the Northern District of California recently ruled that a patent legal malpractice plaintiff was not judicially estopped from re-filing its lawsuit in federal court after initially filing it in...more
In an unpublished opinion, the United States District Court for the Northern District of California has held that a client’s fraud claim against its former attorneys was barred by the three year limitation period set forth in...more
The United States District Court for the Eastern District of California issued a ruling on January 20, 2011 concluding that a legal malpractice action alleging negligent prosecution of a patent fell within the court’s...more
The Federal Circuit?s recent precedential decision, Warrior Sports, Inc. v. Dickenson Wright, P.L.L.C. (issued on January 11, 2011), demonstrates (once again) the sheer power and ability of the “case-within-in-case”...more
Legal malpractice defense attorneys often prefer to defend malpractice cases in federal court rather than state court. Reasons for this vary, but federal judges sometimes are perceived to be more willing than state court...more
JD Supra gets your content noticed, increases your visibility and makes your marketing efforts hassle free...
Learn More or Schedule a demo
