Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
IP News
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.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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?
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.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.