IP Malpractice Suits Belong In State Court, Justices Rule

By Ryan Davis (February 20, 2013, 7:16 PM EST) -- The U.S. Supreme Court ruled unanimously Wednesday that legal malpractice suits involving patents should nearly always be heard in state court, a decision that overturns Federal Circuit precedent and will mean the loss of a body of cases that has helped shape the law.

The court reversed a decision that the federal courts had jurisdiction over a suit by inventor Vernon Minton alleging that his attorneys had mishandled an infringement suit. It concluded that unless a malpractice case raises issues "significant to the federal system as a whole," it belongs in state court.

The opinion by Chief Justice John Roberts made...

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!


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!