Byrne v. Wood, Herron & Evans, LLPPetition granted, judgment vacated and case remanded for further consideration in light of Gunn v. Minton on February 23, 2013
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|11-1497||Fed. Cir.||N/A||N/A||N/A||N/A||OT 2012|
Issue: (1) Whether the Federal Circuit departed from the standard this Court articulated in Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing for “arising under” jurisdiction of the federal courts under 28 U.S.C. §1338, when it held that state law legal malpractice tort claims which involve no actual patents and have no impact on actual patent rights come within the exclusive jurisdiction of the federal courts because a patent was involved in the underlying litigation; and (2) whether the Federal Circuit’s overly broad and mistaken standard has caused a conflict among state courts and federal courts regarding federal jurisdiction with some other courts declining to assume federal jurisdiction of these state law tort cases.
Plain English Summary:
- Petition of the day (Ben Cheng)