Is it Time for Federal Courts to Stop Exercising Jurisdiction Over Patent Legal Malpractice Claims? by Lane Powell PC - Intellectual Property Law &... on 4/25/2012 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
Federal Courts Have Jurisdiction Over Malpractice Claims That Relate to Patent Law by Patton Boggs LLP on 4/10/2012 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 by Lane Powell PC - Intellectual Property Law &... on 3/27/2012 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 by Lane Powell PC - Intellectual Property Law &... on 2/7/2012 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 by Sedgwick LLP on 11/10/2011 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
Client’s Fraud Claim Against Attorneys Barred By Three Year Statute of Limitation by Sedgwick LLP on 2/22/2011 In an unpublished opinion, the United States District Court for the Northern District of California has held that a client’s fraud claim against its former attorneys was barred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
Removal to District Court Proper Where Patent Legal Malpractice Action Involves Substantial Questions of Federal Patent and... by Sedgwick LLP on 2/1/2011 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 Jurisdictional Power of the "Case-Within-A-Case" Doctrine in Patent Legal Malpractice Litigation by Lane Powell PC - Intellectual Property Law &... on 1/26/2011 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
E-Pass Technologies, Inc. v. Moses & Singer, LLP: Legal Malpractice Case Based on Filing of Unmeritorious Claim for Patent... by Sedgwick LLP on 11/8/2010 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
Law Firms Face Competition for Doc Review Work - Law 360 by Pamela Woldow on 7/23/2009 The rise of e-discovery over the last decade has provided law firms with fertile ground for racking up hours on document review, but it has also made the traditional method of having associates conduct the work under the...more
One Example Of Treatment Of The Dissemination Risk Under E&O Coverage: Consideration of Finn v. National Union, 452 Mass. 690... by Joseph Sano on 1/22/2009 A rogue worker's gift to the "hacker community" held not covered under litigation service provider's E&O insurance as an excluded misappropriation of trade secret according to a recent Massachusetts SJC decision(Finn v. Nat'l...more
LaBelle et al vs. McGonagle Court order denying motion for remand by Jeffrey Roy on 8/15/2008 This case involved state court claims of legal malpractice, breach of contract, and violations of the Consumer Protection Act, that happened to arise out of legal work involving a the failure by an attorney to file a patent...more
LaBelle et al vs. McGonagle Memorandum in support of motion to remand by Jeffrey Roy on 12/14/2007 This case involved state court claims of legal malpractice, breach of contract, and violations of the Consumer Protection Act, that happened to arise out of legal work involving a the failure by an attorney to file a patent...more
Energy Brands, Inc. v. Utica Mut. Ins. Co. Order and Opinion by Ronald Coleman on 3/13/2007 A strange procedural posture but an important issue avoided by the Appellate Division, Second Department, of the New York Supreme Court. It found the court below's order as to the grounds for denying a motion to vacate a...more
Probate Trademarks- Death, Reincarnation, and Survival of IP rights by Daniel Kegan on 10/1/2006 t was a dark and stormy night when the dame appeared in the doorway of Mark Trade,TM intellectual property investigator. Initial research by Guy Noir indicated there might have been a death under suspicious circumstances, but...more