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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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Federal Circuit to Hear En Banc Appeal on Its Jurisdiction over All-But-Accounting Patent Decisions

Industries / Law : Patent Law Blog (Patently-O) (3 years ago)

By Dennis Crouch Robert Bosch LLC v. Pylon Mfg. Corp. (Fed. Cir. 2012) In a sua sponte order, the Federal Circuit has announced that case to be heard en banc to determine whether the appellate court has jurisdiction over a...

Federal Circuit Continues Split on Patentable Subject Matter

Industries / Law : Patent Law Blog (Patently-O) (3 years ago)

by Dennis Crouch Myspace, Inc. v. GraphOn Corp. (Fed. Cir. 2012) In yet another case, the Court of Appeals for the Federal Circuit has identified the wide chasm separating members of the court on issues involving patentable subject ...

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...

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...

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 ...

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