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IN RE ENGAGE, INC.

No. 08-1257.

544 F.3d 50 (2008)

In re ENGAGE, INC., et al., Debtors Ropes & Gray LLP, Appellant, v. Craig R. Jalbert, as Liquidating Supervisor, Appellee.

United States Court of Appeals, First Circuit.

Decided October 6, 2008.

Attorney(s) appearing for the Case

D. Ross Martin with whom Christopher Thomas Brown, Jonathan B. Lackow, and Ropes & Gray LLP, were on brief, for appellant.

Robert M. Abrahamsen, Michael A. Albert, Allen S. Rugg, Eric G.J. Kaviar, Wolf, Greenfield & Sacks, P.C., Erik Paul Belt, and Bromberg and Sunstein LLP, were on brief, for Boston Patent Law Association, amicus curiae.

Andrew Z. Schwartz with whom Joshua S. Pemstein and Foley Hoag LLP, were on brief, for appellee.

Before LYNCH, Chief Judge, BOUDIN and LIPEZ, Circuit Judges.

LYNCH, Chief Judge.

The key issue in this bankruptcy case is whether the Massachusetts attorney's lien statute, chapter 221, section 50 of the Massachusetts General Laws, applies to patent prosecution work performed by attorneys. The courts of the Commonwealth have never addressed this issue. Nor is it clear from existing case law or a reading of the statute what the answer is. Further, any chosen answer will have significant policy ramifications. We conclude the...

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