The Federal Circuit’s recent precedential decision, Warrior Sports, Inc. v. Dickenson Wright, P.L.L.C. (issued on January 11, 2011), demonstrates (once again) the sheer power and ability of the “case-within-in-case” doctrine to jurisdictionally transform a state law malpractice claim into a case arising under federal patent law. In an unusual twist, the Warrior Sports plaintiff… Continue Reading
Category Archives: Proximate Causation
Subscribe to Proximate Causation RSS FeedHave 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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