As an intellectual property attorney, the federal jurisdiction of patent-related cases always seemed clear to me. 28 U.S.C. 1338 provides that: "The district courts shall have original jurisdiction of any civil action arising under any act of Congress relating to patents." When Congress enacted that statute, it took things a step further, for the statute also states, "No state court shall have jurisdiction over any claim for relief arising under any act of Congress relating to patents." For years, patent law malpractice cases were under the jurisdiction of the federal court system. Recently, however, the U.S. Supreme Court changed that, and its decision is having significant effects on the way that patent law malpractice cases are adjudicated. The U.S. Supreme Court’s rationale is most interesting, and I explore its thinking in this article.
In Gunn v. Minton, 133 S. Ct. 1059 (Feb. 20, 2013), the U.S. Supreme Court held that patent law malpractice cases are not precluded from state court jurisdiction. Since the decision was issued, patent law malpractice cases have been leaving the federal courts, and have been arriving in the state courts. There may, however, be exceptions. Recently, in another case, it was argued that some patent law malpractice cases still belong in federal court (see below).
