How Gunn V. Minton Will Impact Patent Malpractice Cases

Law360, New York (February 22, 2013, 5:07 PM EST) -- The U.S. Supreme Court has determined in a unanimous decision that federal courts do not have jurisdiction to hear a legal malpractice claim simply because the underlying action was one for patent infringement. Applying the test it articulated in Grable, the Supreme Court determined that patent malpractice cases do not present "a substantial federal issue." The court explained that the substantiality requirement is focused on the impact that the malpractice case has on the federal system as a whole. Since patent malpractice actions typically involve a hypothetical "case within a case" scenario, the court reasoned, the outcome does not have a...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Related Sections

Law Firms

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!