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Civil Procedure Keyed to Marcus
Gunn v. Minton
Citation:
568 U.S. 251 (2013)Facts
Minton developed and held a patent for an interactive securities trading system. Represented by Gunn, he filed an action for patent infringement in federal district court. Summary judgment was granted against Minton; his patent was declared invalid by the district court based on an “on sale” bar to patent recognition. Minton argued on reconsideration that an “experimental use” exception to the “on sale” bar applied. The reconsideration motion was denied by the district court; the Court of Appeals affirmed. Minton subsequently brought a state court action for legal malpractice against his lawyers in the patent suit, alleging that their failure to raise the experimental use argument was malpractice. Summary judgment was entered against Minton. On appeal, Minton argued that his legal malpractice claim arose out of the federal patent claim; thus, the state court lacked jurisdiction and he could proceed on the matter anew in federal court. The state appellate court affirmed; the Texas Supreme Court reversed.
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Subject Matter Jurisdiction