United States Supreme Court

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Gunn v. Minton, 11-1118

28 U.S.C. section 1338(a), which provides federal district courts with exclusive jurisdiction over patent cases, does not deprive the state courts of subject matter jurisdiction over plaintiff's state law claim alleging legal malpractice in the handling of his patent case because the legal malpractice claim does not arise under federal patent law, where: 1) resolution of a federal patent question is "necessary" to plaintiff's case; 2) the federal issue of the experimental-use exception is also "actually disputed" here; but 3) the federal issue in this case is not substantial in the relevant sense; and 4) there is no serious federal interest in claiming the advantages thought to be inherent in a federal forum.

Appellate Information

  • Decided 02/20/2013
  • Published 02/20/2013




  • United States Supreme Court