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 application. The defendant attorney removed the case to the United States District Court for the District of Massachusetts, contending that “this is a civil action in which plaintiffs’ right to relief necessarily depends on resolution of a substantial question of federal patent law, in that patent law is a necessary element of at least one of the well pleaded claims.” Plaintiff filed a motion to remand the case claiming the state law claims in this case did not arise under patent law, and therefore, the federal court did not have jurisdiction. This is the court order denying that motion.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.