A patent attorney who was accused by Force MOS Technology Co. Ltd. of causing his client’s patents to expire by neglecting maintenance fees has managed to dispense with some claims. The claims dismissed were deemed to be duplicative of the legal malpractice allegation lodged by the company.
US Magistrate Judge Susan Van Keulen of the US District Court for the Northern District of California ruled in favor of the attorney’s motion to dismiss the company’s allegations of breach of fiduciary duty and negligence. The judgement, marking a notable turning point, was founded on the claims being regarded as duplicative of the legal malpractice charge.
Force MOS Technology’s implied contract allegation was not considered duplicative. Nonetheless, this too was dismissed by the court on grounds that the complaint lacked sufficient detail. The lawsuit continues to generate buzz in legal circles as it underscores the critical relevance of legal duty and responsibility in patent maintenance.
Details of the proceedings can be found in the complete report of the ongoing case available on Bloomberg Law.