Patent Law

Encyclopaedia Britannica v. Dickstein Shapiro (D.D.C. 2010)

EB sued a host of defendants in 2006-2007 for patent infringement. On summary judgment, the district court found the patents invalid -- holding that they did not properly claim priority to their parent application. Now, EB has sued its prosecution firm for malpractice.

In the cases of Air Measurement Corp v. Akin Gump (Fed. Cir. 2007) and Immunocept v. Fulbright & Jaworksi (Fed. Cir. 2007), the Federal Circuit clarified that it often holds appellate jurisdiction even over legal malpractice claims.

This claim may be largely driven by the financial woes of the encyclopedia business. [Link]

• EB's original application was filed in 1989.
• The invalidated patents are U.S. Patent Nos. 7,051,018 and 7,082,437.