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 memorandum of law in support of that motion.