Gunn v. Minton: Supreme Court Pokes another Hole in Exclusive Federal Jurisdiction over Patent Rights

9 Pages Posted: 13 Mar 2013

Date Written: March 13, 2013

Abstract

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

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

David C. Berry (Contact Author)

Cooley Law School ( email )

300 S. Capitol Avenue
P.O. Box 13038
Lansing, MI 48901
United States

HOME PAGE: http://www.cooley.edu/llm

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