On Jan. 23, 2013, this column reported Chief Justice John Roberts’ concern expressed at oral argument that state courts opining on federal issues such as patent rights could be "disruptive to the uniformity of federal patent law." We predicted that it remained "to be seen how the justices will eventually decide [Gunn v. Minton, 133 S.Ct. 1059 (Feb. 20, 2013), argued Jan. 16, 2013], but it is likely a reasonable bet that federal courts will retain at least some jurisdiction.…"
The Supreme Court, however, held unanimously in Gunn, that state courts indeed may hear legal malpractice claims involving federal patent questions, reversing the Texas Supreme Court’s decision that federal courts had exclusive jurisdiction.
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