Saturday, May 09, 2009

Akin Gump loses jury verdict in patent prosecution malpractice case

The ABAJournal notes: Jurors in a San Antonio federal trial have awarded plaintiffs $72.6 million in a malpractice case against Akin Gump Strauss Hauer & Feld.

The underlying issue was failure to disclose a reference to the USPTO: the plaintiffs had alleged the law firm failed to disclose material information to the U.S. Patent and Trademark Office, and did so with an intent to deceive

Gump is already mounting a counter attack:
Akin Gump's statement asserts that jurors weren't given a special verdict form on the questions on which the plaintiffs bore the burden of proof, and plaintiffs neither requested nor obtained a jury finding of "inequitable conduct " on the part of Akin Gump or a jury finding of the intent necessary to support "inequitable conduct."

"In addition, the trial court ruled as a matter of law that there was no evidence of gross negligence, breach of fiduciary duty or any other conduct that would support a punitive damage award," the firm says.

See also the BLT: Akin Gump Hit With $72.6M Malpractice Judgmen


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