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Warrior Sports, Inc. v. Dickinson Wright, P.L.L.C., 10-1091

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By FindLaw Staff on January 11, 2011 3:26 PM

Jurisdictional issue in legal malpractice action arising from a patent litigation

Warrior Sports, Inc. v. Dickinson Wright, P.L.L.C., 10-1091, concerned a patent owner's malpractice action against a law firm, arising from an underlying patent infringement litigation involving patents directed to lacrosse sticks and heads.


In vacating the district court's dismissal of the suit for lack of jurisdiction, the court remanded the matter in concluding that, because at least one of plaintiff's malpractice claims requires the court to resolve a substantive issue of patent law, 28 U.S.C. section 1338, which grants district courts exclusive jurisdiction over cases arising under a statute relating to patents, invests the district court with subject matter jurisdiction over the plaintiff's claims in this case.

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