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Federalism and Patent Law: Courts Split on Scope of Federal Circuit Arising Under Jurisdiction

In a trio of decisions, the several members of the Federal Circuit have expressed their disagreement with the court's expansion of appellate jurisdiction to cover attorney malpractice cases that involve patent law issues. Landmark Screens, LLC v. Morgan Lewis &...
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Gunn v. Minton: Supreme Court Narrows Arising Under Jurisdiction for Patent Cases

Industries / Law : Patent Law Blog (Patently-O) (2 years ago)

By Dennis Crouch Gunn v. Minton, 568 U. S. ____ (Supreme Court 2013) In a 9-0 decision, the Supreme Court has limited the scope of "arising under" jurisdiction for patent cases and held that the Minton's patent litigation malpractic... Read Post

Federal Circuit Gives Malpractice Case New Hope by Remanding to State Court

Industries / Law : Patent Law Blog (Patently-O) (2 months ago)

In NeuroRepair v. Nath Law Group (Fed. Cir. 2015), the Federal Circuit has dismissed NuroRepair’s malpractice case against its patent prosecution attorneys – holding that the Federal Courts lack subject matter jurisdiction because t... Read Post

Supreme Court Questions Whether Patent Law Malpractice Claims “Arise Under” the US Patent Laws (And Thus Are Amenable to Federal Jurisdiction).

Industries / Law : Patent Law Blog (Patently-O) (2 years ago)

By Dennis Crouch Gunn v. Minton (Supreme Court 2012) Over the past few years we have seen an ongoing subject matter jurisdictional battle between state courts, regional federal circuit courts of appeal, and the Court of Appeals for ... Read Post

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