• In the Crosshairs: District Courts Utilize Gunn to Dismiss Patent-Related Legal Malpractice Claims for Lack of Subject Matter Jurisdiction
  • June 5, 2013 | Author: Stephen J. Shapiro
  • Law Firm: Schnader Harrison Segal & Lewis LLP - Philadelphia Office
  • In an opinion and order dated May 7, 2013, the Honorable Mitchell S. Goldberg of the U.S. District Court for the Eastern District of Pennsylvania dismissed for lack of subject matter jurisdiction a legal malpractice action alleging that a law firm and one of its lawyers (the “Law Firm”) violated certain regulations governing lawyers who practice before the U.S. Patent and Trademark Office (the “USPTO”). In so doing, Judge Goldberg became the latest district court judge to rely upon the recent U.S. Supreme Court decision in Gunn v. Minton to conclude that the federal courts do not possess subject matter jurisdiction to hear legal malpractice actions relating to patent cases.