May 13, 2013 Articles

Gunn v. Minton: Supreme Court Removes Federal Court Welcome Mat

The Court holds there is no federal question jurisdiction over patent-related legal-malpractice claims.

By Ray Pinkham

In Gunn v. Minton, 133 S. Ct. 1059 (2013), the U.S. Supreme Court unanimously held that 28 U.S.C. § 1338(a) does not deprive state courts of subject-matter jurisdiction regarding patent-related legal-malpractice claims. Although Federal Circuit precedent had held otherwise, the Supreme Court concluded that such claims are not “substantial” under the test enunciated by Grable & Sons Metal Products, Inc. v. Darue Engineering & Mfg., 545 U.S. 308 (2005).

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