Question: Vernon Minton created a software and subsequently leased it to the National Association of Securities Dealers, Inc. (NASD) and NASDAQ Stock Market, Inc. (NASDAQ). Later,

Vernon Minton created a software and subsequently leased it to the National Association of Securities Dealers, Inc. ("NASD") and NASDAQ Stock Market, Inc. ("NASDAQ"). Later, he patented the software and then filed a lawsuit for patent infringement against the two entities. His case was dismissed by a trial court due to the "on-sale bar" rule. Minton then sued his lawyer for legal malpractice saying that his lawyer should have argued on another basis. The attorney argued that the case was not important enough to be heard in federal court yet federal courts handle patent litigation. What was the final decision in this case? Gunn v. Minton, 105 U.S.P.Q.2d 1665 (U.S. 2013) [2013 BL 43481].

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