Justices Eye Flaws In Possible Patent Malpractice Forums

Law360, New York (January 16, 2013, 7:24 PM EST) -- At arguments Wednesday over whether patent malpractice suits should be heard in state or federal court, U.S. Supreme Court justices expressed concern about drawing a bright-line rule, saying that limiting all such cases to either one forum or the other could have unforeseen consequences.

At issue is a Texas Supreme Court decision that a suit against attorneys accused of mishandling a patent infringement case belongs in federal court because it "arises under" patent law, over which the federal courts have exclusive jurisdiction, even though malpractice is...
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