California Court of Appeal
E-Pass Technologies, Inc. v. Moses & Singer, LLP, A127025
In plaintiff's suit for legal malpractice against defendant law firm, arising from a prior representation involving plaintiff's action against certain manufacturers and users of personal digital assistance devices (PDAs) for allegedly infringing its '311 patent, trial court's judgment sustaining of a demurrer in favor of defendants is reversed as the action is not subject to section 1338 jurisdiction, as the outcome of the case will not rest upon a determination of any issue of federal patent law and because the ultimate question for decision is what a reasonable attorney would have concluded under the circumstances, a question of state law properly within the jurisdiction of state courts, and not whether the federal defendants did in fact infringe plaintiff's patent
Appellate Information
- Decided 11/05/2010
- Published 11/05/2010
Judges
- Pollak
Court
- California Court of Appeal
Counsel
- For Appellant:
- James R. Rosen, Richard Hoffman