Jenner & Block

Patent Prosecution and Litigation Matters

Over the last several years, our Professional Responsibility Practice has developed a well-recognized proficiency in addressing claims by clients whose domestic and international patent portfolios have allegedly been compromised by alleged attorney negligence.  Unfortunately, the severity of these types of claims are frequently compounded by the patent lawyers’ attempts to conceal - from both the client and the firm - the issues affecting the client’s patent portfolio.  After the law firm discovers these problems, we respond immediately to this “crisis situation” with Intellectual Property lawyers whose experience provides a deep understanding of the unique issues facing law firms and the ability to assess the extent of the problems and mitigate any harm to the underlying clients.  These matters frequently require us to counsel the law firm on its prospective reporting obligations to disciplinary authorities, and assist the law firm in responding to inquiries from those agencies.

Our experience in this area includes the representation of:

  • A large regional law firm in a federal lawsuit seeking over $50 million in damages for alleged malpractice, misrepresentation, negligent supervision and intentional disregard arising out of several allegedly abandoned international and domestic patent applications.
  • A national law firm in an internal investigation, pre-litigation counseling and pre-litigation settlement negotiations related to alleged negligence in the firm’s international and domestic patent prosecution practice.
  • A national patent firm in an internal investigation and pre-litigation counseling related to alleged negligence and potential misrepresentations in an international and domestic patent prosecution practice.
  • A national law firm in a federal lawsuit arising out of a former partner’s personal patent infringement lawsuits against former and current clients of the firm.

Because of our depth of experience in this area, our team is able to provide “best practices” seminars and training sessions to patent prosecution firms to ensure the proper procedures are in place and are being followed.