Antonelli Tells 2nd. Circ. Alice Kills $8M IP Malpractice Row
Law360, New York (November 24, 2015, 5:50 PM EST) -- Antonelli Terry Stout & Kraus LLP continued efforts to escape an $8 million malpractice award over its handling of an ex-client's patent application, telling the Second Circuit on Monday the underlying online ad invention isn't even patentable under the Supreme Court's Alice decision.
Five months after a New York federal judge entered judgment against the firm, Antonelli filed its opening brief with the appellate court, arguing that without a patentable invention, Protostorm LLC can't sustain a claim for malpractice.
"Because Protostorm had no patentable invention, any alleged malpractice by ATSK did not result in a cognizable harm," it wrote.
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