Undoing Gunn v. Minton: Proposed Legislation Would “Clarify” Federal Subject Matter Jurisdiction Over Patent-Related Malpractice Claims.

Ethics

The bill in circulation by Rep. Goodlatte provides in part:

CLARIFICATION OF JURISDICTION.—Congress finds that the Federal interest in preventing inconsistent final judicial determinations as to the legal force or effect of the claims in a patent presents a substantial Federal issue that is important to the Federal system as a whole.

This provision has the potential of bringing patent malpractice claims back under Federal Court jurisprudence. And, to the extent that patent licenses depend upon the scope of a patent claim, licensee disputes would also be heard in Federal Courts.

 

About David

Professor of Law, Mercer University School of Law. Formerly Of Counsel, Taylor English Duma, LLP and in 2012-13, judicial clerk to Chief Judge Rader.

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One thought on “Undoing Gunn v. Minton: Proposed Legislation Would “Clarify” Federal Subject Matter Jurisdiction Over Patent-Related Malpractice Claims.”

  1. 1

    Good to hear. If the Supreme Court had not screwed things up, this would not be necessary. But of course they have systematically attempted to destroy all of patent law over the last decade.

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