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Exclusive Federal Court Jurisdiction Over Patent Legal Malpractice Claims:...
Have 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...
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Twin Challenges in Drafting a Viable Patent Legal Malpractice Complaint
Drafting 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...
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Emerging Fissures in Exercising Federal Jurisdiction Over Patent Legal...
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 &...
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Is it Time for Federal Courts to Stop Exercising Jurisdiction Over Patent...
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...
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