U.S. Patent & Trademark Office building in Alexandria, VA. Photo: Diego M. Radzinschi/ALM Appeals Court: Malpractice Claim Against Law Firm Over Untimely Patent Application Fails
A genetic-testing device company claimed that its former law firm, Amster Rothsteon & Ebenstein, had the obligation to independently investigate whether any prior publications about the new technology had triggered a deadline for the patent application, but the "plaintiff has not alleged that defendant was specifically directed to investigate, verify [or] report on the legitimacy of the initial publication date," said the Appellate Division, First Department court.
January 12, 2022 at 11:06 AM
5 minute read
A state appeals court has rejected a genetic-testing device company's legal malpractice claim against a Manhattan law firm lodged after the company missed a patent application deadline for a new type of genetic testing it says could've been worth tens of millions of dollars on the commercial market.
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