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

Julia Bishop is director of IP at Twilio in the US
Hellberg is an IP director at Essity in Sweden
Palińska is the business & IP law lead at CD Projekt Red in Poland
Teemu Itälä is head of legal and compliance for technology standards at Nokia in Finland
David Degen is senior IP counsel at Novartis, Switzerland
Demetrio Roberto Cavicchia is an IP director at Angelini Pharma in Italy
Schwitulla is the head of litigation management at Nokia in Germany
Almeida is the IP group leader at Bosch in Brazil
Amanda Luz is brand protection manager - global at Adidas in the US
Samantak Ghosh is vice president of IP at Avere Therapeutics in the US
Gift this article