How could Jackson Pollock possibly be relevant to patent law and federal jurisdiction? Chief Justice Roberts provided the answer in the recently-decided case of Gunn v. Minton. In Gunn, the Court was faced with the question of whether a Texas state court had jurisdiction to hear a state malpractice claim against an attorney even though the underlying issue (whether the experimental use exception to the on-sale bar was properly raised) was related to federal patent law.
Patent law and state courts are usually like oil and water: Congress has decreed that “No State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to patents.” The Texas Supreme Court decided that this statute precluded Texas courts from deciding the malpractice claim at issue. The Supreme Court disagreed and ruled that the case could proceed in Texas courts because the state claim was not part of a "special and slim category" where federal courts must retain exclusive jurisdiction. Recognizing the complexity of this topic, the Chief Justice added: "In outlining the contours of this slim category, we do not paint on a blank canvas. Unfortunately, the canvas looks like one that Jackson Pollock got to first."
Kudos to the Chief for bringing color and humor to this dry topic!
Patent law and state courts are usually like oil and water: Congress has decreed that “No State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to patents.” The Texas Supreme Court decided that this statute precluded Texas courts from deciding the malpractice claim at issue. The Supreme Court disagreed and ruled that the case could proceed in Texas courts because the state claim was not part of a "special and slim category" where federal courts must retain exclusive jurisdiction. Recognizing the complexity of this topic, the Chief Justice added: "In outlining the contours of this slim category, we do not paint on a blank canvas. Unfortunately, the canvas looks like one that Jackson Pollock got to first."
Kudos to the Chief for bringing color and humor to this dry topic!