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ROPES & GRAY LLP v. JALBERT

SJC-10333

454 Mass. 407 (2009)

ROPES & GRAY LLP v. CRAIG R. JALBERT.

Supreme Judicial Court of Massachusetts, Suffolk.

July 28, 2009.

Attorney(s) appearing for the Case

D. Ross Martin (C. Thomas Brown with him) for the plaintiff.

Andrew Z. Schwartz (Joshua S. Pemstein with him) for the defendant.

Erik Paul Belt, Robert M. Abrahamsen, Michael A. Albert, & Eric G.J. Kaviar, for Boston Patent Law Association, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

SPINA, J.

We consider in the present case, as a matter of first impression, the scope of the Massachusetts attorney's lien statute (lien statute), G. L. c. 221, § 50, vis-à-vis patent prosecution work. The United States Court of Appeals for the First Circuit has certified the following questions to this court, pursuant to S.J.C. Rule 1:03, as appearing in 382 Mass. 700 (1981)2:

"1. Does [G. L. c. 221, § 50,] grant...

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