Fish & Richardson $30m malpractice award upheld

Silicon Valley-based IP firm Fish & Richardson has had a $30m (£17m) award against the firm reinstated after failing in its attempt to have a legal malpractice case against it reheard.

The original case, heard in 2003, concerned a complaint by chemica…


Boston-based IP firm Fish & Richardson has had a $30m (£17m) award against the firm reinstated after failing to have a legal malpractice case against it reheard.

The original case, heard in 2003, concerned a complaint by chemical digital imaging client Kairos Scientific that Fish & Richardson had failed to file a patent application ‘in a timely manner’.

Fish & Richardson admitted the charge, but argued that the error did not cause any damage to the company.

However, the California appeal court disagreed and upheld the original trial court’s decision to award Kairos Scientific $30m in damages.

Fish & Richardson said the ruling would not affect the firm’s finances, as the damages would be paid by its malpractice insurance.

The firm also said that it is likely to seek review with the California Supreme Court.