On April 12, 2013, Judge Ferguson issued an Order (available here) holding that the Court lacked federal subject matter jurisdiction over Axcess International’s legal malpractice claim against Baker Botts, which was based, at least in part, on an allegation that Baker Botts had violated its ethical obligations imposed by the USPTO in representing Axcess International and one of Axcess International’s competitors in obtaining patents for RFIDs. The Order was based on the Supreme Court’s recent decision in Gunn v. Minton, which we discussed here. Notably, Axcess International itself filed a motion to dismiss its own case, in order to preserve its right to sue in state court.
Axcess International is represented by Steven Aldous and Robert Varner, both of Braden Varner & Aldous.
Baker Botts is represented by Paul Koning and Brent Basden, both of Koning Rubarts LLP.