Legal Malpractice Claim Dismissed After Prevailing on Novel Issue of Federal Patent Jurisdiction
David Overstreet and Mike McCall obtained dismissal of a patent law legal malpractice action after successfully defeating a motion to remand. Overstreet and McCall asserted federal patent jurisdiction to remove the case from state court and then moved to dismiss the Complaint for failure to file the requisite expert affidavit. The federal district court, the first in the District of South Carolina to address the issue of patent jurisdiction in the context of a legal malpractice claim, agreed that the allegations in the Complaint triggered federal patent jurisdiction. After retaining jurisdiction, the court rejected Plaintiff’s argument that the case fell within the common knowledge exception to the expert affidavit statute and dismissed the case against the attorney in its entirety.