Malpractice : CAFC Alert

Every Patent Practitioner’s Nightmare – Prosecution Mistakes That Can’t Be Fixed

Stephen G. Adrian | April 25, 2012

Landmark Screens, LLC, v. Morgan Lewis & Bockius, LLP, and Thomas D. Kohler

April 23, 2012

Panel: Bryson, Clevenger and O’Malley. Opinion by Clevenger.  Concurring opinion by O’Malley.

Summary:

Patent prosecution can be forgiving when a mistake is made. However, given the right set of circumstances, a simple mistake can turn into a nightmare for both the client and attorney. This decision illustrates that a given set of circumstances can lead to a mistake which cannot be fully corrected, which leads to charges of malpractice and fraud against the prosecuting attorney as well as loss of a client. This decision also illustrates that full claim scope can be lost as a result of the mistake.


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