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IP News

By Howard J. Shire and Bradley Roush

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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