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 Tags: Jurisdiction,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 Tags: 1338,Jurisdiction,Lacrosse,Malpractice,Warrior