March 25, 2010 / Law Alert

Federal Circuit Holds That Patent-Law Malpractice Claim Belongs Exclusively In Federal District Court and That Plaintiff Must Prove Inventions Are Patentable To Show Proximate Cause

Porter Wright partners Jim King and Bryan Faller won a successful appeal in Davis v. Brouse McDowell, L.P.A., __ F.3d __, 2010 WL 698875 (Fed. Cir. 2010), the Federal Circuit's first precedential patent-law malpractice decision issued this year. The case involved an inventor who claimed that a partner of an Ohio-based law firm committed malpractice in prosecuting both domestic and foreign patent applications for her inventions. The district court granted summary judgment for the law firm and the partner, and the Federal Circuit affirmed.