Thursday, July 14, 2011

Patent law malpractice: who has jurisdiction?

Note the post at PatentlyO titled Patent Malpractice Litigation: State versus Federal Jurisdiction concerning the case Magnetek, Inc. v. Kirkland & Ellis, LLP, 2011 Ill. App. LEXIS 708 (Ill. App. 2011) AND generally the issue of federal vs. state jurisdiction in patent law malpractice cases. The Illinois appellate court found the malpractice action could be pursued in state court.

It was a bit surprising that a litigation firm advised a client to enter into a settlement agreement to arbitrate the dispute and to forego further discovery. One might ask on which planet this happened, but the case is in Cook County.

But see

A Powerful Lesson on the Merits of Settling a Patent Litigation Case and the Dangers of Ego and Greed


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