During past month when many patent practitioners may have been distracted by the “laws of nature” meaning of the Mayo v. Prometheus decision, the Court of Appeals for the Federal Circuit issued four precedential rulings confirming the exclusive authority of federal courts to adjudicate patent legal malpractice claims. Only the Supreme Court can alter this… Continue Reading
Category Archives: Expert Witness
Subscribe to Expert Witness RSS FeedThe Perils of Patent Prosecution Delegation: A Cautionary Tale
Posted in Expert Witness, Legal Malpractice, Patent Prosecution, Rules of Professional ResponsibilityWhat happens when a start-up company (Protostorm) retains a sole practitioner to prepare provisional patent applications, another solo lawyer to prepare the corresponding U.S. non-provisional application, and yet another firm to file the resulting Patent Cooperation Treaty (“PCT”) application? This is getting complicated, right? Add to this mix these salient facts: (1) neither Protostorm nor… Continue Reading
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 CausationDavis 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
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