Gunn v. Minton

Jerry Gunn v. Vernon Minton

Argued January 26, 2013
Decided February 20, 2013
Full case name Jerry W. Gunn, et al., v. Vernon F. Minton
Docket nos. 11-1118
Argument Oral argument
Prior history Plaintiff loses malpractice suit, TX St. Ct.; Petitioner files motion for hearing in Federal Court; Case affirmed to Federal Court Tex Sp. Ct.
Subsequent history TX Sp. Ct. overturned, remanded to Texas state courts for further proceedings.
Holding
28 U.S.C. § 1338(a), which provides for exclusive federal jurisdiction over a case “arising under any Act of Congress relating to patents,” does not deprive the state courts of subject matter jurisdiction over a state law claim alleging legal malpractice in a patent case.
Court membership
Case opinions
Majority Roberts, joined by Scalia, Kennedy, Thomas, Alito, Sotomayor, Ginsburg, Breyer, Kagan
Laws applied
28 U.S.C. § 1338(a)

Gunn v. Minton No. 11-1118, 568 U.S. 310 (2013) is a US patent law case. The case dealt with the question of jurisdiction of patent law litigation in regards to attorney malpractice.[1] In a unanimous ruling, the United States Supreme Court decided that federal laws granting exclusive jurisdiction to cases involving patents does not preclude the ability of state courts to hear cases related to but not involving patents.[2] The case was remanded to the Texas state courts for further proceedings.[3]

References


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