New York Lawyer, an offshoot of Law.Con brings this story:
"Two inventors of snowboard bindings accuse their lawyers at Seyfarth Shaw and Burnett, Burnett & Allen of doing a legal face plant that caused them to lose a patent infringement case.
In a lawsuit filed in Santa Clara County, Calif., Superior Court last month, Richard and Brandt Berger accuse the lawyers of negligence and fraud and claim to have suffered damages of more than $75 million. On Wednesday, the suit was removed to the Northern District of California, following rulings by the U.S. Court of Appeals for the Federal Circuit on Monday on the appropriate jurisdiction for IP malpractice claims.
The plaintiffs allege that IP veteran Jack Slobodin, a former Seyfarth partner, provided the court with a "fatally defective" claim chart prepared by his firm, then blamed the mistake on an attorney "that was handling it before" him. In February — one month after the patent case in question, Berger v. Rossignol, finished up — Slobodin left Seyfarth to join Gordon & Rees as of counsel.
A Seyfarth spokesman said Slobodin left of his own accord, but declined to comment on the suit. Lawyers for Seyfarth and Slobodin from Keker & Van Nest also declined to comment on the case.
The infringement suit was filed in 2005 with the help of San Jose, Calif., attorney Douglas Allen of Burnett, Burnett & Allen. Seyfarth provided Allen with a claim chart for the binding, but the Bergers say that the chart — which was to detail each point of the alleged infringement — was erroneous. "