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 state court. In E-Pass Technologies v. Moses & Singer, LLP, the plaintiff patent-holder sued its attorneys for malpractice after they lost multiple patent-infringement lawsuits and thereby subjected the company to substantial attorney-fee awards. The company initially filed its malpractice suit in California state court and litigated the issue of whether the court had jurisdiction. Based on narrow construction of the claims proffered by the company’s attorneys, the California Court of Appeal ruled that the claims did not raise substantial issues of patent law.

Later, while the state court action remained pending, the company filed a similar action for malpractice against the same attorneys in U.S. District Court. The company did this because it felt that the state court decision upholding jurisdiction was unduly restrictive. The company averred that it would dismiss the state court action once the federal court ruled that it had jurisdiction over the claims.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sedgwick LLP | Attorney Advertising

Written by:


Sedgwick LLP on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.