Immunocept, LLC v. Fulbright & Jaworksi, LLP

This is a legal malpractice case based on alleged errors in patent prosecution. Immunocept, L.L.C., Patrice Anne Lee, and James Reese Matson (collectively “Immunocept”) appeal the decision of the United States District Court for the Western District of Texas granting summary judgment in favor of Fulbright & Jaworski, L.L.P. (“Fulbright”) based on the following independent grounds: (1) the malpractice claim is barred by the statute of limitations and (2) the claim for damages is too speculative to be recovered under state law. Immunocept v. Fulbright & Jaworksi, LLP, No. A-05-CA-334, slip op. (W.D. Tex. Mar. 24, 2006) (“MSJ Order”). After Immunocept filed its opening brief, we ordered the parties to address whether there is “arising under” jurisdiction over the malpractice claim under 28 U.S.C. § 1338. Because the claim scope determination involved in the malpractice claim presents a substantial question of patent law, we conclude that jurisdiction is proper under § 1338. We further conclude that Immunocept’s malpractice claim is barred by the statute of limitations and, accordingly, affirm the district court’s decision.

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