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Perspective

Dec. 10, 2010

Baseless Patent Infringement Suits, a Trap for Practitioners

A state appellate case serves as a warning against pursuing meritless patent suits. By Martin H. Nguyen of Keller and Heckman.


By Martin H. Nguyen


Where a plaintiff files a malpractice action in a California court secondary to a loss in a patent infringement action, does the right to relief necessarily depend on resolution of a substantial issue of federal patent law requiring adjudication in federal court? On the record and argument before it, California's 1st District Court of Appeal resoundingly answered the question in the negative. E-Pass Technologies Inc. v. Moses & Sin...

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