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Federal Circuit upholds dismissal of legal malpractice claim
- McDermott Will & Emery
- -
- USA
- -
- March 31 2010
Upholding a district court’s grant of summary judgment, the U.S. Court of Appeals for the Federal Circuit held that conclusory expert witness testimony regarding the patentability of a lost or foregone patent right is insufficient to support the causation element of a legal malpractice claim
Federal Circuit holds that patent law malpractice claim belongs exclusively in federal district court and that plaintiff must prove inventions are patentable to show proximate cause
- Porter Wright Morris & Arthur LLP
- -
- USA
- -
- March 25 2010
Porter Wright partners Jim King and Bryan Faller won a successful appeal in Davis v. Brouse McDowell, L.P.A., __ F.3d __, 2010 WL 698875 (Fed. Cir. 2010), the Federal Circuit’s first precedential patent law malpractice decision issued this year
Twin challenges in drafting a viable patent legal malpractice complaint
- Lane Powell PC
- -
- USA
- -
- January 8 2010
Drafting a short and plain statement of a patent legal malpractice claim used to be a relatively straightforward matter under the now discredited Conley v. Gibson “no set of facts” standard
Fifth Circuit holds federal jurisdiction is not automatic in malpractice action arising from federal trademark suit
- McDermott Will & Emery
- -
- USA
- -
- August 31 2008
Reviving Robin Singh’s hopes that his company TestMasters may prevail in a malpractice claim against its former trademark attorney, a three-judge panel for the U.S. Court of Appeals for the Fifth Circuit recently vacated a summary judgment win for Duane Morris, LLP and one of its partners, Richard Redano, holding that the district court lacked subject matter jurisdiction to hear the state law malpractice claim because it did not arise under federal trademark law
Federal jurisdiction proper for legal malpractice claim because question of patent infringement was a “necessary element” of the claim
- Finnegan, Henderson, Farabow, Garrett & Dunner LLP
- -
- USA
- -
- December 31 2007
In Air Measurement Technologies, Inc. v. Akin Gump Strauss Hauer & Feld, L.L.P., No. 07-1035 (Fed. Cir. Oct. 15, 2007), the Federal Circuit affirmed the interlocutory decision of a district court denying defendants’ motion to remand a lawsuit to state court
Patent attorney’s complicity in deceptive invention promotion scheme justified exclusion from PTO practice
- Finnegan, Henderson, Farabow, Garrett & Dunner LLP
- -
- USA
- -
- August 8 2007
In Bender v. Dudas, No. 06-1243 (Fed. Cir. June 21, 2007), the Federal Circuit affirmed a district court’s verdict that upheld the PTO’s exclusion of registered patent attorney S. Michael Bender from practice based on his complicity in a deceptive invention promotion scheme run by American Inventors Corporation (“AIC”
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