Supreme Court shoots down Federal Circuit’s jurisdiction standard

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Supreme Court shoots down Federal Circuit’s jurisdiction standard

The Supreme Court has held that a malpractice case involving an underlying patent claim is not exclusively the jurisdiction of the federal courts

The case, Gunn v Minton, involved a malpractice claim brought by Vernon Minton against Jerry Gunn of Williams Squire & Wren, James Wren of Slusser & Frost and William Slusser of Slusser Wilson & Partridge, for allegedly missing a deadline to file an argument, thereby waiving that argument and losing Minton’s patent case.

While Minton was appealing his malpractice case to a Texas appellate court, the Federal Circuit ruled in two separate cases (involving Akin Gump and Fulbright & Jaworski) that “legal malpractice claims with a substantive patent-related issue have federal jurisdiction”, according to the Supreme Court opinion.

As a result, Minton attempted to dismiss his appeal for lack of subject matter jurisdiction, and the Texas Supreme Court ultimately agreed with him. The attorneys appealed to the Supreme Court, arguing that “patent-related legal malpractice claims should not fall under the exclusive jurisdiction of federal courts because state interests outweigh federal interests in resolving malpractice cases”.

The Court agreed. “As we recognized a century ago, ‘[t]he Federal courts have exclusive jurisdiction of all cases arising under the patent laws, but not of all questions in which a patent may be the subject-matter of the controversy’,” said the majority.

Commenters on Patently O had varying takes on the case. NWPA said:

The SCOTUS just smacked the Fed. Cir. again. If Congress wants to fix the patent system, they should remove patent law from SCOTUS jurisdiction….Get the SCOTUS out of patent law.

But IP litigator John McNett of Woodard Emhardt Moriarty McNett & Henry felt the decision was correct:

What a delight to read the U.S. Supreme Court's opinion, putting a proper perspective on [what is meant by] arising under jurisdiction

Jane Webre of Scott Douglass & McConnico represented the attorneys in the case, while Thomas Michel of Griffith Jay & Michel represented Minton.

more from across site and SHARED ros bottom lb

More from across our site

Europe’s largest intellectual property convention and trade fair is back: IP Service World 2026 takes place in Munich from November 23–25 – the 16th edition, with 1,400-plus attendees from 55-plus nations, 100-plus speakers, and 100-plus exhibitors. Three days. Two focused areas. One IP marketplace.
Mehmet Gün and Uğur Aktekin discuss four decades of change in Türkiye’s legal market, the firm’s commitment to independence and the challenge of building an institution that can outlast its founders
Boehringer Ingelheim has instructed a team from Kirkland, while Teva is being represented by Pinsent Masons
The Delhi High Court’s latest directions offer an opportunity to move beyond remedies against bad-faith registrations and address how suspicious applications are identified in the first place, says Fatima Baig at Lexlinc
Camilla Hamrin describes how the acquisition by Acapo Onsagers will impact Bergenstråhle’s trademark practice – and reflects on changes she has seen over 30 years in IP
On a recent trip to the French capital, we learned that the UPC is squeezing domestic litigation while firms are chasing senior talent, experimenting with AI and considering new ways of organising their practices
Daniel Law says a string of lateral hires and broader expansion plans will strengthen its position to capitalise on Brazil’s burgeoning IP and patent litigation market
Jason Raeburn’s arrival will expand the firm’s London footprint in AI, copyright and tech disputes
The firm is shaping its AI strategy around partnerships with Harvey and Legora alongside internally developed tools from its legal technology company, Eltemate
A dispute Down Under shows why trademark lawyers cannot afford to wait on the sidelines when a rival brand gathers momentum
Gift this article