Under the Heel of a Malpractice Suit

Qualcomm is unlikely to sue its outside lawyers for malpractice, say both law school professors who study legal ethics and plaintiff lawyers specializing in professional negligence: It probably has too much dirty laundry of its own. But being served with a malpractice suit is certainly a growing part of practicing IP law. According to American Bar Association studies of legal malpractice claims, suits filed against IP attorneys made up 0.57 percent of all malpractice claims in 1985, 1.04 percent in 1999, and 1.74 percent in 2003. That last jump made IP the third-fastest-growing legal specialty for malpractice claims, following only personal injury defense and consumer claims. Such experts as A. Samuel Oddi, a professor at The University of Akron School of Law, say the increasing value of patents and the higher costs of patent acquisition and litigation are probably both to blame, because they encourage clients to sue if things go wrong. The ABA will release its latest data in September.

In the meantime, last year Los Angeles?based IP boutique Fulwider Patton paid $8 million to settle a suit brought by ICU Medical Inc. for alleged conflict of interests. International Foam Solutions, Inc., sued Katten Muchin Rosenman, also for alleged conflict of interest. Akin Gump Strauss Hauer & Feld is defending itself against claims of malpractice in patent prosecution and litigation. Two inventors sued Seyfarth Shaw and Burnett Burnett & Allen in September for allegedly botching a patent infringement action, while Townsend and Townsend and Crew is being sued for a failure to prosecute a patent.