Yet another report from the Internet and Class Action Blog on DLA Piper and Legal Malpractice.

“Aidentity Matrix Entertainment filed a lawsuit against DLA Piper alleging that Piper had a duty to docket “all deadlines, domestic and foreign, for its clients’ patent applications.” Indeed, the plaintiff points to Piper’s web site which allegedly states that “At Piper Rudnick, we consider it our job, not the client’s, to ensure that all actions are taken in timely fashion, and that nothing slips through the cracks.”

The plaintiff alleges that it instructed Piper to obtain patent protection for its SmartToys technology in numerous jurisdictions. However, Piper allegedly “misdocketed the priority date” of a Patent Cooperation Treaty application deadline for 2000, rather than for 1999. Piper allegedly made other errors in subsequent years.

The lawsuit alleges that in 2003, Piper discovered its error. It further alleges that Piper admitted to the plaintiff that because the filing was not timely, the plaintiff would not be able to obtain patent protection for the SmartToys technology in certain foreign jurisdictions, namely Japan, South Korea, and China.”

Full Blog article.