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