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Patent Practice Professional Liability Reporter Your Pacific Northwest Law Firm

Monthly Archives: March 2010

Have You Been “Hired,” But Not “Retained”? and Other Life Lessons from Davis v. Brouse McDowell

Posted in Expert Witness, Legal Malpractice, Patent Prosecution, Proximate Causation

Davis v. Brouse McDowell (pdf) is the Federal Circuit’s first precedential patent legal malpractice decision issued in 2010. It offers yet another cautionary tale for both plaintiffs and defendants in their pursuit and defense of patent legal malpractice claims. Most will read and analyze the Davis case for its ultimate holding, i.e., conclusory expert witness testimony regarding… Continue Reading