The Brief Writer

When patent infringement is a necessary element of a legal malpractice lawsuit, the United States Court of Appeals for the Federal Circuit says that those suits belong in federal court.  In its opinion, the court said:

We hold that at least where, as here, establishing patent infringement is a necessary element of a malpractice claim stemming from alleged mishandling of patent prosecution and earlier patent litigation, the issue is substantial and contested, and federal resolution of the issue was intended by Congress, there is "arising under" jurisdiction under 28 U.S.C. § 1338.

The opinion may lead to all sorts of legal malpractice suits involving underlying federal claims to be filed or tried in federal courts instead of state courts.