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Federal Courts Do Not Have Exclusive Jurisdiction over Legal Malpractice Claims Arising Out of Patent Infringement Lawsuits
On Feb. 20, 2013, the Supreme Court issued a unanimous opinion in Gunn v. Minton, No. 11-1118, reversing the Texas Supreme Court's ruling that federal courts have exclusive jurisdiction over legal malpractice claims that arise out of patent infringement lawsuits. Gunn had represented Minton, a patentee, in an infringement lawsuit in the Eastern District of Texas, where Minton's patent was declared invalid on summary judgment under the “on sale” bar of 35 U.S.C. ' 102(b), due to a lease that was agreed to more than one year prior to the filing date of Minton's patent application. Gunn v. Minton, No. 2011-1118, 2013 WL 610193, at *3 (Feb. 20, 2013). After the District Court had ruled Minton's patent invalid, Minton moved for reconsideration on the grounds that the leasing arrangement fell within the “experimental use” exception of ' 102(b). Id. The District Court denied the motion for reconsideration, finding that Minton had waived the “experimental use” argument by failing to timely raise it. Id. The Federal Circuit subsequently affirmed the District Court's rulings. Id.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."