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Expert Analysis

How Gunn V. Minton Will Impact Patent Malpractice Cases

Law360, New York ( February 22, 2013, 5:07 PM EST) -- The U.S. Supreme Court has determined in a unanimous decision that federal courts do not have jurisdiction to hear a legal malpractice claim simply because the underlying action was one for patent infringement. Applying the test it articulated in Grable, the Supreme Court determined that patent malpractice cases do not present "a substantial federal issue." The court explained that the substantiality requirement is focused on the impact that the malpractice case has on the federal system as a whole. Since patent malpractice actions typically involve a hypothetical "case within a case" scenario, the court reasoned, the outcome does not have a substantial effect on the federal system....

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