February 20, 2013
Today the United States Supreme Court issued its decision in Gunn v. Minton. This case addresses whether a state court may assert subject matter jurisdiction over a claim for legal malpractice involving an alleged failure to properly defend a patent infringement suit. The Court held that state courts have jurisdiction over such claims, and that such claims do not arise under federal patent law for purposes of federal jurisdiction under 28 U.S.C. 1338(a).
Fitch Even attorneys are studying the decision and will post a more detailed analysis shortly.
Fitch Even IP Alert