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Civil Procedure Keyed to Rowe
Gunn v. Minton
Citation:568 U.S. 251 (2013)
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- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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Minton (Plaintiff) sued Gunn (Defendant), who had represented him in a federal patent infringement action, for legal malpractice in state court. Minton argued that Gunn had failed to raise the “experimental use” exception available under federal patent law. Gunn argued that he did not have enough information at the time to know that the experimental use exception was relevant. The trial court decided the case for Gunn. Then, the Federal Circuit issued a decision that the federal courts have jurisdiction over malpractice suits arising from patent litigation.
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