Boston IP Firm Faces Malpractice Claims After Alleged Patent Betrayal

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The First Circuit has revived legal malpractice claims from a Colorado tech company that alleged its Boston intellectual property law firm betrayed it by filing patents for another client. The lower court had ruled the claims were time-barred, but the appeals court found the three-person, engineer-led company may not have fully understood the complex legal issues involved.

Why it matters

This case highlights the potential risks and pitfalls that small technology companies can face when working with larger, more experienced law firms, especially around complex intellectual property matters. It also raises questions about how courts should evaluate the sophistication of clients in assessing statute of limitations issues.

The details

The Colorado tech company alleged its Boston IP law firm filed patents for another client that competed with the company's own technology. The lower court had dismissed the malpractice claims as time-barred, but the First Circuit found the three-person, engineer-led company may not have fully grasped the legal complexities involved, potentially extending the statute of limitations.

• The alleged patent betrayal occurred sometime before the Colorado tech company filed its malpractice claims.
• The lower court initially dismissed the malpractice claims as time-barred.
• The First Circuit has now revived the malpractice claims on appeal.

What’s next

The case will now return to the lower court for further proceedings on the merits of the Colorado tech company's malpractice claims against the Boston IP law firm.