IMMUNOCEPT, LLC v. FULBRIGHT & JAWORSKI, LLP

No. 2006-1432.

504 F.3d 1281 (2007)

IMMUNOCEPT, LLC, Patrice Anne Lee, and James Reese Matson, Plaintiffs-Appellants, v. FULBRIGHT & JAWORSKI, LLP, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied November 9, 2007.


Attorney(s) appearing for the Case

Jon R. Stark, Chao Hadidi Stark & Barker LLP, of Menlo Park, CA, argued for plaintiffs-appellants. With him on the brief was Bernard H. Chao. Of counsel on the brief were Michael P. Lynn, Jeremy A. Fielding, and Aaron Miller, Lynn Tillotson & Pinker, LLP, of Dallas, TX.

David M. Gunn, Beck Redden & Secrest, L.L.P., of Houston, TX, argued for defendant-appellee. With him on the brief were David J. Beck, Russell S. Post, and Constance H. Pfeiffer.

Before MICHEL, Chief Judge, LOURIE and RADER, Circuit Judges.


MICHEL, Chief Judge.

This is a legal malpractice case based on alleged errors in patent prosecution. Immunocept, L.L.C., Patrice Anne Lee, and James Reese Matson (collectively "Immunocept") appeal the decision of the United States District Court for the Western District of Texas granting summary judgment in favor of Fulbright & Jaworski, L.L.P. ("Fulbright") based on the following independent grounds: (1) the malpractice claim is barred by the statute of limitations...

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