Just last week, on Jan. 16, 2013, the U.S. Supreme Court heard oral argument about whether patent-related malpractice claims should be filed and tried in federal or state court. The case, Gunn v. Minton, is discussed below, and represents an unfortunate trend of increased patent malpractice cases which has caught the attention of the nation’s highest court. Indeed, as the volume of patent litigation has increased over the past decade, so has the incidence of patent malpractice suits. According to the American Bar Association, patent malpractice claims have risen steadily from 685 in 2007 to 873 in 2011, an increase of more than 30 percent.1

Many have speculated about the cause of the trend, including the movement into the patent field of contingent fee attorneys but, regardless, there are important principles to be gleaned from these cases. And, although in today’s litigious world almost anyone can bring a lawsuit against almost anyone, there are steps patent practitioners can take to minimize the risks of being sued but, more importantly, to insure all clients in the patent field receive what they deserve—zealous representation linked with the highest ethical standards in the legal profession. With this in mind, this article provides an overview of the recent trends and developments in the field of patent malpractice law.

Federal Circuit Revives Suit

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