Gunn v. Minton
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-1118 | Tex S. Ct. | Jan 16, 2013 | Feb 20, 2013 | 9-0 | Roberts | OT 2012 |
Holding: 28 U.S.C. § 1338(a), which provides for exclusive federal jurisdiction over an case "arising under any Act of Congress relating to patents," does not deprive the state courts of subject matter jurisdiction over a state law claim alleging legal malpractice in a patent case.
Judgment: Reversed and remanded, 9-0, in an opinion by Chief Justice Roberts on February 20, 2013.
SCOTUSblog Coverage
- Opinion recap: Justices decline to make a federal case out of patent malpractice claims. (Ronald Mann, February 22, 2013)
- Argument recap: Making patent law on the plains of Texas? (Ronald Mann, January 17, 2013)
- Argument preview: Making a federal case out of legal malpractice claims (Ronald Mann, January 15, 2013)
- Is the new economy driving the Courts docket? (Ronald Mann, October 15, 2012)
| Date | Proceedings and Orders |
|---|---|
| 03/09/2012 | Petition for a writ of certiorari filed. (Response due April 12, 2012) |
| 03/23/2012 | Waiver of right of respondent Vernon F. Minton to respond filed. |
| 03/30/2012 | Supplemental brief of petitioners Jerry W. Gunn, et al. filed. |
| 04/04/2012 | DISTRIBUTED for Conference of April 20, 2012. |
| 04/12/2012 | Response Requested . (Due May 12, 2012) |
| 05/09/2012 | Order extending time to file response to petition to and including June 13, 2012. |
| 06/13/2012 | Brief of respondent Vernon F. Minton in opposition filed. |
| 06/21/2012 | Reply of petitioners Jerry W. Gunn, et al. filed. |
| 06/27/2012 | DISTRIBUTED for Conference of September 24, 2012. |
| 09/12/2012 | DISTRIBUTED for Conference of October 5, 2012. |
| 09/13/2012 | Supplemental brief of respondent Vernon F. Minton filed. (Distributed) |
| 10/05/2012 | Petition GRANTED. |
| 10/31/2012 | SET FOR ARGUMENT ON Wednesday, January 16, 2013. |
| 11/19/2012 | Joint appendix filed (1 volume and 1 supplemental volume). (Statement of costs filed) |
| 11/19/2012 | Brief of petitioners Jerry W. Gunn, et al. filed. |
| 11/26/2012 | Brief amicus curiae of Ronald E. Mallen filed. |
| 11/26/2012 | Brief amicus curiae of Law Professors filed. (Distributed) |
| 11/26/2012 | Brief amicus curiae of American Intellectual Property Law Association filed. (Distributed) |
| 11/27/2012 | CIRCULATED |
| 12/14/2012 | Record received from Supreme Court of Texas is electronic. |
| 12/19/2012 | Brief of respondent Vernon F. Minton filed. (Distributed) |
| 12/21/2012 | Brief amicus curiae of Wood, Herron & Evans, LLP filed. (Distributed) |
| 12/26/2012 | Brief amici curiae of Los Alamos National Security, LLC, et al. filed. (Distributed) |
| 12/26/2012 | Brief amicus curiae of Intellectual Property Law Association of Chicago filed. (Distributed) |
| 01/07/2013 | Reply of petitioners Jerry W. Gunn, et al. filed. (Distributed) |
| 01/16/2013 | Argued. For petitioners: Jane Webre, Austin, Tex. For respondent: Thomas M. Michel, Fort Worth, Tex. |
| 02/20/2013 | Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court. |
| 03/25/2013 | MANDATE ISSUED. |
| 04/25/2013 | Record Returned - 1 CD, 1 DVD and 1 Envelope |
Holding: 28 U.S.C. § 1338(a), which provides for exclusive federal jurisdiction over an case “arising under any Act of Congress relating to patents,” does not deprive the state courts of subject matter jurisdiction over a state law claim alleging legal malpractice in a patent case.
Judgment:”Reversed and remanded, 9-0, in an opinion by Chief Justice Roberts on February 20, 2013.