Patent Malpractice A State Court Issue, Supreme Court Hears

By Scott Flaherty (November 29, 2012, 1:23 PM EST) -- An intellectual property law group told the U.S. Supreme Court on Monday that legal malpractice suits involving patents belong in state, not federal, court.

Filing an amicus brief in Gunn v. Minton — a case involving a dispute as to whether patent-related malpractice claims belong in state or federal court — the American Intellectual Property Law Association said state court is the appropriate venue to hear such cases, adding that the Federal Circuit has recently adopted too broad a view of its own jurisdiction.

The Federal Circuit's recent precedent, the AIPLA said, has resulted in the "sweeping [of] state-law claims into...

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