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Counsel Concerns
The U.S. Court of Appeals for the Federal Circuit ruled it has subject matter jurisdiction over a legal malpractice suit filed over the handling of a patent. Warrior Sports Inc. v. Dickinson Wright P.L.L.C., 2010-1091. The Michigan law firm Artz & Artz (which later merged with Dickinson Wright) had represented Warrior Sports, an owner of patents for lacrosse sports gear, in the patent application, reissue proceedings and litigation of U.S. Patent No. RE 38,216. When Warrior alleged that competitor STX L.L.C. infringed on the '216 patent, STX raised an inequitable conduct defense by claiming that attorney John S. Artz had misrepresented the makeup of a prior art lacrosse stick to the Patent and Trademark Office.
After Warrior and STX settled their litigation, Warrior filed a malpractice suit in the U.S. District Court for the Eastern District of Michigan alleging that, due to negligence by the Dickinson Wright lawyers, Warrior had to settle its infringement action with STX for less than Warrior might have otherwise received. The district court dismissed the malpractice suit, however, on the ground that it involved state law issues. Dickinson Wright appealed the dismissal to the Federal Circuit.
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