Patent lawyers can’t be sued in state court
Federal courts have exclusive jurisdiction in a malpractice suit against a law firm that allegedly mishandled a patent case, the Illinois Appellate Court has ruled in affirming judgment. The plaintiff...
View ArticleLegal malpractice suit doesn’t belong in federal court
A legal malpractice lawsuit involving the defendants’ handling of intellectual property litigation was not subject to the exclusive patent jurisdiction of the federal courts, the California Court of...
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New expedited patent application rules go into effect
WASHINGTON – Starting May 4, patent applicants can pay to have their applications expedited under new rules adopted by the U.S. Patent and Trademark Office. For a $4,800 fee, applications can be...
View ArticleFederal court must hear malpractice claim
A federal court has exclusive jurisdiction over a legal malpractice claim that requires the application of federal patent law, the Texas Supreme Court has ruled. A man developed a software program to...
View ArticlePATENTS
A process patent for correlations between blood test results and patient health was not patent eligible pursuant to 35 U.S.C. §101 because it incorporated laws of nature. U.S. Supreme Court. Mayo...
View Article2013 litigation forecast released for in-house counsel
A 2013 litigation forecast for in-house counsel predicts “no end in sight” for wage and hour litigation, a growing sophistication in trade secret theft and new spoliation challenges in e-discovery. The...
View ArticlePatent attorneys prepare for ‘Ides of March’
Two key provisions of the federal patent reform law that are due to go into effect next month have prompted lawyers to change the advice they offer clients. President Barack Obama signed the...
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Supreme Court treads carefully in patent ruling
WASHINGTON – The U.S. Supreme Court’s surgically narrow ruling prohibiting a farmer from using seeds harvested from patented herbicide-resistant soybeans has left lawyers with more questions than...
View ArticleCourt to clarify burden of proof in Medtronic ‘non-infringement’ action
The U.S. Supreme Court will decide whether a patentee bears the burden of proving infringement when its licensee brings a declaratory judgment action to establish non-infringement. The court will...
View ArticleINTELLECTUAL PROPERTY
Does a patentee bear the burden of proving infringement when a licensee brings a declaratory judgment action to establish non-infringement? See “Court to clarify burden of proof in Medtronic...
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