Search the Archives           Subscribe           About this News Service           Reader Comments

Archived updates for Tuesday, October 23, 2007

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.
    (0)comment(s)     translate     More Updates     Send