Federal Circuit Has Appellate Jurisdiction Over Malpractice Claim Based Upon Claim Scope

Immunocept, LLC v. Fulbright & Jaworski, LLP, [2006-1432](October 15, 2007)[MICHEL, Lourie, Rader] The Federal Circuit held that because the claim scope determination involved in the malpractice claim presents a substantial question of patent law it had jurisdiction, and affirmed that Immunocept’s malpractice claim is barred by the statute of limitations.
BRIEF: The Federal Circuit held that it had jurisdiction over an appeal of a malpractice action where the alleged malpractice was the narrowness of the scope of the claims. The Federal Circuit affirmed the district court's determination that the malpractice claim was barred by statute of limitations, since the plaintiff knew or should have know about the alleged defect in their patent when they consulted another patent attorney to examine and expand the scope of their protection.