Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Intellectual Property

Subscribe to Intellectual Property RSS Feed

CA: No Judicial Estoppel Without Court’s Reliance on Prior Representation

Posted in California, Intellectual Property
E-Pass Technologies, Inc. v. Moses & Singer, LLP, 189 Cal. App. 4th 1140 (2010), review denied (Feb. 23, 2011) CA: Judicial Estoppel Student Contributor: Mordechai Buls Facts: Plaintiff sued Defendant for malpractice after having lost a number of patent-infringement lawsuits in which it was subject to substantial attorney-fee awards. Plaintiff initially filed its malpractice suit in… Continue Reading

Fed. Cir.: Finding Federal Jurisdiction for a Legal Malpractice Claim

Posted in Federal, Intellectual Property
Warrior Sports, Inc. v. Dickinson Wright, P.L.L.C., 631 F.3d 1367 (Fed. Cir. 2011) MI: Patent Law Student Contributor: Stefan Campagna Facts: The underlying action was brought by   a patent holder  whose attorneys filed an infringement suit involving patents  for  lacrosse sticks and heads.   The patent owner filed a malpractice suit against their former… Continue Reading

NY: Continuous Representation Tolls Statute of Limitations Against Predecessor Law Firm

Posted in Intellectual Property, Litigation, New York, Statute of Limitations
New Kayak Pool Corp, v. Kavinoky Cook LLP, 74 A.D.3d 1852, 902 N.Y.S.2d 497 (App.Div 4th Dpt. 2010) NY: Underlying Trademark Infringement Student Contributor: Richard Sadowski Facts: Plaintiff brought action for legal malpractice alleging that the defendant failed to ascertain the existence of insurance coverage in the plaintiff’s underlying trademark infringement action. The attorney, then… Continue Reading

FRCP Rule 11 Liability for Lawyers

Posted in Federal, Intellectual Property
Hays v. Sony Corp. of America, 847 F. 2d 412 (7th Cir. 1988) Underlying copyright dispute Student Contributor: Clem Durham Facts: The plaintiffs, Stephanie Hays and Gail MacDonald, teach business courses at a public high school in Des Plaines, Illinois. In 1982 or 1983 they prepared a manual for their students on how to operate… Continue Reading

MI: SOL Runs on day Power of Atty is Revoked in Malpractice Suit

Posted in Intellectual Property, Michigan, Statute of Limitations
Wright v. Rinaldo, 279 Mich App 526, 533 n 3; 761 NW2d 114 (2008) MI: Underlying IP Student Contributor: Matthew Feinbloom Facts: In August 2000, Mr. Rickie Wright hired  Ronildo as his attorney in a patent case against the United States Patent and Trademark Office. Three years after hiring Ronildo, Wright was unsatisfied with her… Continue Reading

MI: Statutes of Limitations in underlying IP cases

Posted in Intellectual Property, Michigan, Statute of Limitations
Wright v. Rinaldo, 279 Mich App 526; 761 NW2d 114 (2008) Underlying patent prosecution USPTO Student Contributor: Matthew Feinbloom Facts: In August 2000,  Wright hired  Ronildo as his attorney in a patent case before the United States Patent and Trademark Office. Three years after hiring Ronildo, Wright was dissatisfied with her work. Wright met with… Continue Reading

Third Circuit: Violation of RPC 1.7 Does Not Require Automatic Disqualification

Posted in Conflicts of Interest, Federal, Intellectual Property, New Jersey
Wyeth v. Abbott Laboratories, 692 F.Supp.2d 453 (D.N.J. 2010) Facts:  Wyeth brought a motion to disqualify Howrey LLP from representing Boston Scientific Scimed, Inc. ("BSC") in an underlying patent infringement action.  Wyeth alleged that it was a conflict of interest for Howrey to represent BSC against Wyeth in the underlying action, while representing Wyeth in a… Continue Reading

TX: Legal Malpractice Actions Don’t “Arise Under” Federal Law

Posted in Federal, Intellectual Property
Roof Technical Services, Inc. v. Hill, 679 F.Supp.2d 749 (N.D.Texas 2010) Underlying Patent/Trademark Matter Facts:  Plaintiff invented a roof venting technique and retained Defendant Hill to secure patent protection.  In the instant action, Plaintiff alleged that it was unable to obtain patent protection due, in part, to Defendant’s failure to timely submit a conforming application to the… Continue Reading

NY: Novel Theories, Out-of-State Law and the Standard of Care

Posted in Insurance, Intellectual Property, Litigation, New York, Standard of Care
Darby & Darby, P.C. v. VSI International, Inc. 95 N.Y.2d 308 (2000) NY Underlying insurance coverage Student Contributor: Maninder (Meena) Saini Facts: Defendant (VSI International Inc.), a Florida corporation retained plaintiff (Darby & Darby) a New York law firm to represent it in two Florida lawsuits. Even though defendant paid a portion of a substantial… Continue Reading

Assigning Your Legal Malpractice Claims: “Hidden Treasure” in Tough Times ?

Posted in Intellectual Property, Pennsylvania, Privity
Hedlund Mfg. Co., Inc. v. Weiser, Stapler & Spivak, et ano. 517 Pa. 522, 539 A.2d 357 (1988) Facts: Martin hired attorney Spivak to apply for a patent for a machine that Martin had invented and manufactured. Spivak prepared the application but he did not timely file it. Hedlund Manufacturing purchased Martin’s business, including the… Continue Reading
.