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MINKIN v. GIBBONS, P.C.

No. 2011-1178.

680 F.3d 1341 (2012)

Herman MINKIN and H & M Aeronaut Tool Co., Inc., Plaintiffs-Appellants, v. GIBBONS, P.C., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 4, 2012.

Attorney(s) appearing for the Case

Patrick T. Collins , Franzblau Dratch , of Livingston, NJ, argued for plaintiffs-appellants.

Stephen R. Long , Drinker Biddle & Reath, LLP, of Florham Park, NJ, argued for defendant-appellee. With him on the brief was Stacey A. Hyman .

Opinion for the court filed by Circuit Judge REYNA. Circuit Judge O'MALLEY concurs in the result.

REYNA, Circuit Judge.

Mr. Herman Minkin and H & M Aeronaut Tool Company, Inc. ("H & M") (collectively "Minkin"), allege that the law firm of Gibbons, P.C. ("Gibbons") committed legal malpractice in prosecuting the patent application for a hand tool called "extended reach pliers" ("ERP"). In early 2000, U.S. Patent No. 6,012,363 ("the '363 patent") issued to Mr. Minkin, the sole inventor, based on an application written and prosecuted by Gibbons. The Danaher...

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