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CARNEGIE MELLON UNIVERSITY v. SCHWARTZ

No. 95-3440.

105 F.3d 863 (1997)

CARNEGIE MELLON UNIVERSITY, Appellant. v. Ansel M. SCHWARTZ, Esquire; Cohen & Grigsby, P.C. United States of America, Third-party Defendant.

United States Court of Appeals, Third Circuit.

Decided January 28, 1997.

Attorney(s) appearing for the Case

Walter P. DeForest (argued), Jacqueline A. Koscelnik, DeForest & Koscelnik, Pittsburgh, PA, William S. Schweers, Jr., Harrington, Schweers, Dattilo & McClelland, P.C., Pittsburgh, PA, for Appellant.

Vincent J. Grogan (argued), Richard D. Kalson, Grogan, Graffam, McGinley & Lucchino, P.C., Pittsburgh, PA, for Appellee Ansel M. Schwartz.

Frank W. Hunger, Assistant Attorney General Frederick W. Thieman, United States Attorney Frank A. Rosenfeld (argued), William Kanter, United States Attorneys Office Appellate Staff, Civil Division, Department of Justice, Washington, DC, Amy R. Hay, Office of United States Attorney, Pittsburgh, PA, for Appellee United States of America.

Patrick G. Barry, Manion, McDonough & Lucas, Pittsburgh, PA, for Appellee Cohen & Grigsby.

Before: SLOVITER, Chief Judge, GREENBERG and ROTH, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge:

Carnegie Mellon University (CMU) brings this action for professional negligence against Cohen & Grigsby, P.C. (C & G) and a former C & G associate, Ansel M. Schwartz, alleging that they were negligent in their handling of two CMU patents. Schwartz joined the United States as a third-party defendant, alleging that the United States Patent and Trademark Office (PTO) is responsible for any damages suffered...

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