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.
On Monday the Court granted five new cases and issued four opinions in argued cases. The archived Live Blog is here.
On Thursday the Justices will meet for their May 23 Conference. Our list of “Petitions to watch” for that Conference is here.
Bloomberg Law and SCOTUSblog’s Supreme Court Challenge
Current Standings - Top 5 Teams
1. The Silent Ts
Georgetown University Law Center
1. Ninos Angels
George Washington University Law School
1. Protect Sam Chase
St. Johns University School of Law
1. Bro Bono
Indiana University -Bloomington, Maurer School of Law
5. Motion to Strike
Cornell University Law School
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