Milbank Tweed sued for malpractice

US-based Blue Pumpkin Software is suing its former lawyers Milbank Tweed Hadley & McCloy and Gray Cary Ware & Freidenrich, claiming they provided inadequate counsel in the early phase of a patent case it has just won.

The company is seeking $2.5 million in damages from James Pooley, David Dolkas and their firms, Milbank and Gray Cary respectively, New York Lawyer reports today (2 December 2003).

Blue Pumpkin alleges that the two attorneys did not introduce relevant information during the Markman hearing, a pretrial proceeding in which a judge decides the scope of a patent’s claims.

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