On April 23, 2012 the Federal Circuit issued its ruling in Landmark v. Morgan Lewis, finding for RBG’s client Landmark Screens, and sending the case back to the U.S. District Court, Northern District of California for trial. The action against Morgan Lewis relates to patent protection of Landmark’s invention of an electronic billboard. RBG’s Sanford Jay Rosen briefed and argued the case before the Federal Circuit.
According to the Court: “[W]e reverse the judgment dismissing the complaint because under California equitable tolling law, the state law fraud claim was timely filed in the United States district court. Further, because the record does not support the district court’s manner of summarily limiting damages, we vacate the Damages Order and remand the case for trial on the fraud claim.”
Press coverage of the ruling included a Reuters story, Federal Circuit revives Morgan Lewis malpractice case, and articles in The Recorder and American Lawyer Daily, Federal Circuit reinstates fraud claim against Morgan Lewis and ex-partner.