Over four years have elapsed since the Federal Circuit first held that federal courts possess exclusive jurisdiction over patent legal malpractice claims. In Immunocept, LLC v. Fulbright & Jaworski, LLP, 504 F.3d 1281 (Fed. Cir. 2007), the court ruled that patent claim scope issues alleged in patent legal malpractice claim raise substantial federal issues. Similarly,… Continue Reading
Category Archives: Federal Jurisdiction
Subscribe to Federal Jurisdiction RSS FeedTwin Challenges in Drafting a Viable Patent Legal Malpractice Complaint
Posted in Federal Jurisdiction, Legal Malpractice, Patent Litigation, Patent PleadingsDrafting 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. That pleading landscape dramatically changed in 2007. In the wake of the Supreme Court’s Twombly and Iqbal decisions, federal court judges are now routinely called… Continue Reading
Exclusive Federal Court Jurisdiction Over Patent Legal Malpractice Claims: Where Are We?
Posted in Federal Jurisdiction, Patent LitigationHave the twin Air Measurement and Immunocept decisions succeeded in establishing an exclusively federal forum for patent legal malpractice claims? The answer is: NOT YET. That inconclusive answer makes crafting your claim theories and drafting a well pleaded complaint or answer critical, if your goal is to have a federal court decide the merits of… Continue Reading
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