legal malpractice

IP Firm Tees Up Dismissal Of Subject Matter Conflict, Negligent Patent Prosecution Malpractice Case

A recent patent malpractice action filed in federal court in New York against an IP firm raises once again the issue of subject matter conflicts between concurrent clients in prosecuting patent applications in a similar field of technology.  The issue of subject matter conflicts in concurrent patent representation continues to be an area of significant […]

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Mass. Sup. Ct. Rules In Favor Of Finnegan, Henderson In Subject Matter Conflicts Malpractice Case

On December 23, 2015, the Massachusetts Supreme Judicial Court issued an opinion dismissing a malpractice complaint filed against an IP law firm for failure to state a claim.  See Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.  A copy of the Massachusetts SJC’s opinion is here.  For our previous discussions about the facts and procedural

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Law Firms Tell Mass. Supreme Court No Subject Matter Conflict In Patent Prosecution Unless Claims “Identical” Or “Mere Obvious Variants”

On August 20, 2015, eleven law firms filed a joint amicus brief in the Supreme Judicial Court of Massachusetts in Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner.  In Maling, the Massachusetts high court requested amicus briefing on whether Finnegan Henderson’s concurrent representation of two different clients who were allegedly seeking patent protection at the

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