The Supreme Court on Feb. 25 granted a petition for writ of certiorari, vacated an opinion on jurisdiction over patent attorney malpractice claims by the U.S. Court of Appeals for the Federal Circuit, and remanded the case to the appeals court for further consideration (Byrne v. Wood, Herron & Evans L.L.P., U.S., No. 11-1497, review granted, decision vacated, remanded 2/25/13). The decision was unsurprising after Gunn v. Minton, No. 11-1118 (U.S. Feb. 20, 2013) (85 PTCJ 535, 2/22/13), in which the court held unanimously that patent attorneys should normally face legal malpractice claims in state court despite the exclusive grant of jurisdiction over patent claims to federal courts.
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