Texas Ruling Sets High Bar For Patent Malpractice Claims

Law360, Dallas (March 30, 2016, 11:19 PM EDT) -- A Texas appellate court’s rejection of claims that Baker Botts LLP cost a former client $41 million by simultaneously representing two companies pursuing patents for similar technology set a high, but not impossible, threshold for malpractice plaintiffs and gives law firms breathing room to develop expertise in prosecuting patents, lawyers say.

In a March 24 decision, the Fifth Court of Appeals in Dallas held that former Baker Botts client Axcess International Inc. failed to prove the firm was negligent in representing both it and its chief competitor in patent prosecutions. Axcess had argued it was entitled to damages after learning years...

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