Case Summary

p1621 REVIEW DENIED The trial court properly granted the defendant's demurrer in an attorney malpractice action because the court lacked subject matter jurisdiction where the plaintiff had to prove that but for the attorney's negligence in a patent prosecution, the plaintiff would not have lost valuable patent rights; 28 U.S.C. § 1338 grants federal courts exclusive jurisdiction in patent cases if the cause of action arises out of federal patent law or if the plaintiff's right to relief depends upon substantial questions of federal patent law.

LANDMARK SCREEN v MORGAN, LEWIS & BROCKIUS (Patent Malpractice Jurisdiction) 183 CA4 238 REV DENIED [See Air Measurement Tech v Akin Gump, 504 F3 1262 (Fed. Cir.); Immunocept v Fulbright & Jaworski, 504 F3 1281 (Fed. Cir.)]