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ARTICLE · 21 FEBRUARY 2013

Supreme Court Decision Alert - February 20, 2013

Mayer Brown
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Federal Jurisdiction—Legal-Malpractice Claims Involving Patent Disputes

United StatesLitigation, Mediation & Arbitration
Richard Katskee
Richard Katskee
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Today (February 20, 2013) the Supreme Court issued one decision, described below, of interest to the business community.

Federal Jurisdiction—Legal-Malpractice Claims Involving Patent Disputes

Gunn v. Minton, No. 11-1118

Under 28 U.S.C. § 1338(a), federal courts have exclusive jurisdiction over any suit arising under federal patent law. Today, in a unanimous opinion authored by Chief Justice Roberts, the Supreme Court held in Gunn v. Minton, No. 11-1118, that this jurisdiction does not extend to state-law claims for legal malpractice that raise questions of patent law. The decision reverses a decision of the Texas Supreme Court, and also abrogates contrary holdings by the Federal Circuit in Air Measurement Technologies, Inc. v. Akin Gump Strauss Hauer & Feld, L.L.P., 504 F.3d 1262 (Fed. Cir. 2007), and Immunocept, L.L.C. v. Fulbright & Jaworski, L.L.P., 504 F.3d 1281 (Fed. Cir. 2007).

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