IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
March 30, 2007
CARNEGIE MELLON UNIVERSITY, PLAINTIFF,
ANSEL M. SCHWARTZ, ESQUIRE AND COHEN & GRIGSBY, P.C., DEFENDANTS,
ANSEL M. SCHWARTZ, THIRD-PARTY PLAINTIFF,
UNITED STATES OF AMERICA, THIRD-PARTY DEFENDANT.
The opinion of the court was delivered by: Arthur J. Schwab United States District Judge
On May 4, 1995, Magistrate Judge Robert C. Mitchell issued a Report and Recommendation ("R&R") in this professional malpractice case brought by Carnegie Mellon University ("CMU") against its former patent attorney and law firm, based on defendant attorney's allegedly negligent filing of disclaimer with the United States Patent and Trademark Office, which recommended that summary judgment be entered in favor of defendants and against the plaintiff. This Court adopted the R&R as the opinion of the Court and entered judgment in favor of defendants on July 7, 1995 (doc. no. 95).
On appeal, the United States Court of Appeals for the Third Circuit vacated this Court's order and remanded for further proceedings. Carnegie Mellon University v. Schwartz, 105 F.3d 863 (3d Cir. 1997). Declining "to decide these difficult questions in a factual vacuum," the Court of Appeals directed this Court to await the outcome of the related patent infringement proceedings in the United States District Court for the Northern District of California before ruling on the professional malpractice claims and the cross claims against the United States.*fn1
The Court has been "awaiting" the result in California since then, and on March 22, 2007, the United States District Court for the Northern District of California issued a final judgment against CMU on its patent infringement claims. That final judgment is consistent with this Court's previous ruling, and as there are no longer any pending related proceedings in the California patent infringement case, this Court will readopt the R&R of Magistrate Judge Mitchell dated July 7, 1995, and will enter summary judgment in favor of defendants.