IN THE NEWS: Defunct Dickstein Shapiro Escapes Patent Malpractice Suit
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IN THE NEWS: Defunct Dickstein Shapiro Escapes Patent Malpractice Suit

June 10, 2016 - The D.C. Circuit granted the now-closed Dickstein Shapiro dismissal of legal malpractice claims lodged by Encyclopaedia Britannica that it bungled a patent filing resulting in unsuccessful efforts to enforce those patents years later. The court found the complaint deficient on multiple counts; it did not demonstrate the law firm undermined the company’s strategy before the Patent Office or in the litigation, it did not win the “case-within-a-case” because it could not prove that it would have won the patent enforcement action even if the patent application were without errors, nor did the attorneys have a fiduciary duty to notify the company of a possible malpractice claim.

Encyclopaedia Britannica, Inc. v Dickstein Shapiro, LLP