Lack Of Patentability Sinks $8M Judgment, 2nd Circ. Told

Law360, New York (November 21, 2016, 4:27 PM EST) -- Antonelli Terry Stout & Kraus LLP sought Monday to wriggle out of an $8 million malpractice judgment over a client's failed attempt to patent web advertising technology, arguing no damages can flow from an invention that wasn't patentable, but the Second Circuit asked if it could decide such a question on the law.

The dissolved firm and attorneys Frederick D. Bailey, Alan E. Schiavelli and Carl Brundidge urged a three-judge panel to dissolve a 2014 judgment for plaintiff Protostorm LLC related to “Gmail-esque” technology, even though the patentability defense wasn't raised at trial.

U.S. District Judge Pamela Chen approved the judgment...

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