Gunn v. Minton: Supreme Court Pokes another Hole in Exclusive Federal Jurisdiction over Patent Rights
David C. Berry
Thomas M. Cooley Law School
March 13, 2013
In Gunn v. Minton, the U.S. Supreme Court ruled that a state law claim for patent legal malpractice did not "arise under" a federal patent statute, and therefore lacked federal subject matter jurisdiction under 28 USC § 1338(a). This article reviews and criticizes the Gunn decision on both practical and policy grounds.
Number of Pages in PDF File: 9
Keywords: patent, patent litigation, federal jurisdiction, arising underworking papers series
Date posted: March 13, 2013
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