Gunn v. Minton: legal malpractice actions against patent lawyers can proceed in state court

Patently-O has the story and a link to the opinion. This is the result I thought was correct. It may not be good news for patent lawyers who are sued for malpractice. Federal courts are generally more willing to grant summary judgment motions and because they have experience with patent matters may be more aware of the fact that many/some patents are worthless.

Comments

[Dan Abrams]

John: As somebody who does a fair amount of plaintiffs' legal malpractice work, all else being equal I prefer to be in federal court. State judges tend to be elected, and often look to lawyers for endorsements, funding and votes. Life tenure does create more seperation between the judge and these influences, in my opinion. I would decline any case where the patent was worthless, but for a half-decent case I will take my chances with the federal court.