9 Pages Posted: 13 Mar 2013
Date Written: 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.
Keywords: patent, patent litigation, federal jurisdiction, arising under
Suggested Citation: Suggested Citation
Berry, David C., Gunn v. Minton: Supreme Court Pokes another Hole in Exclusive Federal Jurisdiction over Patent Rights (March 13, 2013). Available at SSRN: https://ssrn.com/abstract=2232879 or http://dx.doi.org/10.2139/ssrn.2232879