Tag Archives: Malpractice

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 Act of Congress relating to patents,” but the Court determined that patent malpractice claims do not arise under the patent … Continue reading this entry

Making a Federal Case Out of Patent Malpractice

In Warrior Sports, Inc. v. Dickinson Wright, P.L.L.C., the Federal Circuit examined the circumstances under which a charge of malpractice against a patent attorney raises substantive issues of patent law sufficient to confer a federal court with exclusive jurisdiction under 28 U.S.C. ¬ß 1338. … Continue reading this entry