Richard Simpson Discusses Intellectual Property Malpractice Cases
The first case examined is Chris E. Maling v. Finnegan Henderson Farabow Garrett & Dunner LLP, in which the plaintiff accuses the firm of securing patents for him while also doing obtaining patents for a competitor. The Massachusetts Supreme Judicial Court heard oral arguments in September.
“This is the leading IP malpractice case right now in terms of precedential importance and the way it could affect how people practice law,” Mr. Simpson said.
According to the article, if the court rules in Mr. Maling’s favor, it could pose new challenges for attorneys.
Mr. Simpson asked, “If lawyers are considering taking on a patent prosecution, how would they evaluate whether existing clients have a similar invention to determine if there is a conflict and how do they seek any necessary conflict waiver without disclosing confidential information?”
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