Skip to main content

Gunn v. Minton

Docket No.11-1118
Op. BelowTex S. Ct.
ArgumentJan 16, 2013
Vote9-0
AuthorJohn Roberts
OpinionFeb 20, 2013
TermOctober Term 2012
SCOTUS PageOpinion

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 John Roberts on Feb 20, 2013.

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.

Proceedings & orders timeline

Mar 9, 2012
Petition for a writ of certiorari filed. (Response due April 12, 2012)
Mar 23, 2012
Waiver of right of respondent Vernon F. Minton to respond filed.
Mar 30, 2012
Supplemental brief of petitioners Jerry W. Gunn, et al. filed.
Apr 4, 2012
DISTRIBUTED for Conference of April 20, 2012.
Apr 12, 2012
Response Requested . (Due May 12, 2012)
May 9, 2012
Order extending time to file response to petition to and including June 13, 2012.
Jun 13, 2012
Brief of respondent Vernon F. Minton in opposition filed.
Jun 21, 2012
Reply of petitioners Jerry W. Gunn, et al. filed.
Jun 27, 2012
DISTRIBUTED for Conference of September 24, 2012.
Sep 12, 2012
DISTRIBUTED for Conference of October 5, 2012.
Sep 13, 2012
Supplemental brief of respondent Vernon F. Minton filed. (Distributed)
Oct 5, 2012
Petition GRANTED.
Oct 31, 2012
SET FOR ARGUMENT ON Wednesday, January 16, 2013.
Nov 19, 2012
Joint appendix filed (1 volume and 1 supplemental volume). (Statement of costs filed)
Nov 19, 2012
Brief of petitioners Jerry W. Gunn, et al. filed.
Nov 26, 2012
Brief amicus curiae of Ronald E. Mallen filed.
Nov 26, 2012
Brief amicus curiae of Law Professors filed. (Distributed)Nov 26, 2012
Brief amicus curiae of American Intellectual Property Law Association filed. (Distributed)
Nov 27, 2012
CIRCULATED
Dec 14, 2012
Record received from Supreme Court of Texas is electronic.
Dec 19, 2012
Brief of respondent Vernon F. Minton filed. (Distributed)Dec 21, 2012
Brief amicus curiae of Wood, Herron & Evans, LLP filed. (Distributed)Dec 26, 2012
Brief amici curiae of Los Alamos National Security, LLC, et al. filed. (Distributed)Dec 26, 2012
Brief amicus curiae of Intellectual Property Law Association of Chicago filed. (Distributed)Jan 7, 2013
Reply of petitioners Jerry W. Gunn, et al. filed. (Distributed)
Jan 16, 2013
Argued. For petitioners: Jane Webre, Austin, Tex. For respondent: Thomas M. Michel, Fort Worth, Tex.
Feb 20, 2013
Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court.
Mar 25, 2013
MANDATE ISSUED.
Apr 25, 2013
Record Returned - 1 CD, 1 DVD and 1 Envelope

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.