Intellectual Property Professional Malpractice

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

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

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

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...

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

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

Ingenuity 13 LLC v. Doe

Transcript of 3/11/13 Hearing on Order to Show Cause

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

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 Holds a Gunn to Exclusive Federal Court Jurisdiction Over Patent Malpractice Claims

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

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

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...

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

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

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

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

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!

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

Digital Afterlife - A Looming issue of dealing with death and online identity

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

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

Equitable Tolling Applies to Patent-Related Claim for Fraud Against Law Firm

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

Federal Courts Have Jurisdiction Over Malpractice Claims That Relate to Patent Law

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

The Perils of Patent Prosecution Delegation: A Cautionary Tale

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

Emerging Fissures in Exercising Federal Jurisdiction Over Patent Legal Malpractice Cases

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

No Forum Shopping Found in Patent Legal Malpractice Case

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

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