Deciding Where Patent Malpractice Actions Belong

Law360, New York (October 15, 2012, 2:05 PM EDT) -- On Oct. 5, 2012, the U.S. Supreme Court granted certiorari in Gunn v. Minton,[1] seeking to address whether the Federal Circuit and other courts following its lead have departed from the Supreme Court’s "arising under" jurisdiction standard for federal courts under 28 U.S.C. § 1338 in regard to state-based malpractice actions involving patent law. 

As with all malpractice matters, the Gunn case begins with an underlying case having an unhappy client (Minton) and an attorney (Gunn). Gunn filed suit in 2002 on Minton’s behalf against the...
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