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Expert Analysis

Gunn V. Minton Will Impact Future Patent Malpractice Cases

Law360, New York (January 14, 2013, 12:42 PM EST) -- On Jan. 16, 2013, the U.S. Supreme Court will revisit a question it has grappled with for almost a century — the proper scope of federal court subject matter jurisdiction over state law claims that raise embedded issues of federal law. The case, Jerry W. Gunn et al. v. Vernon F. Minton, No. 11-1118, is being closely watched by intellectual property lawyers, legal malpractice lawyers, and insurers writing lawyers professional liability coverage because the justices will consider whether certain state law legal malpractice claims should be heard by the federal courts because they arise out of underlying federal patent representations....

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