Federal Jurisdiction Over Patent Malpractice Dispute Where Infringement Is Necessary Element of Proof

In Air Measurement Technologies, Inc., et al. v. Akin Gump Strauss Hauer & Feld, L.L.P., et al. (October 15, 2007) the Federal Circuit affirmed removal to federal court of a legal malpractice case between non-diverse parties based on alleged errors by counsel in patent prosecution and patent litigation. "Because we conclude that the patent infringement question is a necessary element of AMT’s malpractice claim and raises a substantial, contested question of patent law that Congress intended for resolution in federal court, we affirm," begins the decicision authored by Chief Judge Michel.