IP at the Supreme Court Series: Gunn v. Minton

Supreme Court Building

January 16, 2013
4:00pm | Room 603 

Reception to Follow


As part of the Program on Information Justice and Intellectual Property’s ongoing Supreme Court series, counsel for parties and amici will discuss intellectual property cases on the afternoon of oral argument, addressing the reaction of the Court at oral argument.  The discussion is open to the public and available as a live and on-demand webcast.

On Wednesday, January 16, 2013, the Court will hear argument in Gunn v. Minton, which concerns the jurisdiction of federal and state courts over legal malpractice claims that involve an attorney’s handling of a patent law matter.


  • Jane Webre, Scott Douglass & McConnico, LLP, Counsel for Petitioners
  • Greg CarrCarr IP, Counsel for Respondent
  • Theodore Sheills, Sheills Law Firm, PC, Counsel for Respondent
  • Rory Ryan, Baylor Law School, Counsel for amicus curiae Law Professors, in support of Petitioners

Moderated by Jonas Anderson, American University Washington College of Law


Whether the Federal Circuit departed from the standard articulated in Grable & Sons Metal Products, Inc. v. Darue Eng’g & Mfg., 545 U.S. 308 (2005 ), for “arising under” jurisdiction of the federal courts under 28 U.S.C. § 1338, when it held that state law legal malpractice claims against trial lawyers for their handling of underlying patent matters come within the exclusive jurisdiction of the federal courts?


Decision: February 20, 2013
Argument: TranscriptAudio

All briefs available on SCOTUSblog: Gunn v. Milton