UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ALTAPURE, LLC, Plaintiff, v.

REED SMITH LLP, Defendant. ) ) ) ) ) ) ) ) )

Case No. Removed from the Circuit Court of Cook County: Case No. 2012 L 00041

NOTICE OF REMOVAL Pursuant to 28 U.S.C. 1446(a), Defendant Reed Smith LLP (Reed Smith), by and through counsel, hereby removes this action from the Circuit Court of Cook County, Illinois to the United States District Court for the Northern District of Illinois. In support of the Notice of Removal, Reed Smith states as follows: 1. On January 3, 2012, Plaintiff Altapure, LLC (Altapure) filed its

complaint against Reed Smith in the Circuit Court of Cook County, Illinois, Case No. 2012 L 00041 (the State Court Action). Reed Smith was served with the Complaint on March 2, 2012. (Summons and Complaint attached hereto as Exhibit A.). The Summons and Complaint constitute all process, pleadings, and orders served upon Reed Smith in the State Court Action required to be submitted pursuant to 1446(a).1 2. In the State Court Action, Altapure, a research and development company,

alleges that it retained Reed Smith to prepare and file proper, complete and timely applications for U.S. and European patent protection. (Ex. A, Complaint at 20-21.) Altapure claims that
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Altapure concurrently filed the same complaint against Reed Smith in Lincoln County, Wisconsin, No. 11-cv-404, but will not disclose to Reed Smith its reasons for filing two suits. Reed Smith is concurrently filing a notice of removal of the Wisconsin state court action to the U.S. District Court for the Western District of Wisconsin.
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because of alleged deficiencies in the patent application that Reed Smith drafted, it had to retain another law firm to fix Reed Smiths alleged mistakes and save patent protection in the United States by incorporating certain terms from a provisional application that had previously been filed. (Id. at 35, 38-42.) Altapure asserts that it was unable to obtain foreign patent protection because of the steps it had to take in the U.S. patent prosecution to save the patent application. (Id. at 43.) 3. Altapures claims are removable to this Court under 1441(b) because

there is original jurisdiction over the claims under 1338(a) which provides for exclusive federal jurisdiction for civil actions arising under the federal patent laws. Malpractice claims alleging negligence in the drafting and prosecution of patent applications arise under federal patent law and may be brought in federal court under 1338(a). Immunocept, LLC v. Fulbright & Jaworski, LLP, 504 F.3d 1281, 1284-86 (Fed. Cir. 2007) (exclusive federal jurisdiction over legal malpractice claims alleging negligence in drafting and prosecuting patent applications); Weather Cent, Inc. v. Reinhart Boerner Van Deuren, S.C., Case No. 08-cv-582-bbc, 2009 WL 367694 (W.D. Wis. Feb. 10, 2009) (same). 4. Altapures complaint arises under U.S. patent law because its allegations

inextricably link alleged negligence in the drafting and prosecution of a foreign patent application to alleged negligence in the drafting and prosecution of an identical U.S. patent application. Altapure claims that the only way it could obtain patent protection in the U.S. prosecution was to modify the application Reed Smith drafted to incorporate terms from the provisional application. (Ex. A, Complaint at 43-47.) Altapure further alleges that once it took that step in the U.S. prosecution, it was not able to continue with the foreign patent prosecution and lost the ability to obtain foreign patent protection. (Id. at 48.) Thus,

Altapures claim that it could not obtain foreign patent protection hinges on its claim that it had to incorporate terms from the provisional application in the U.S. prosecution and could not have otherwise obtained U.S. patent protection. Altapures claim will require resolution of a substantial question of U.S. patent law and is properly brought in federal court. 5. This Notice of Removal is timely filed because the 30-day period during

which a notice of removal may be filed pursuant to 28 U.S.C. 1446(b) commenced on March 2, 2012, when Reed Smith was served with the Summons and Complaint. 6. The United States District Court for the Northern District of Illinois,

Eastern Division embraces Cook County, Illinois where the State Court Action is now pending. Therefore, this action is properly removed to the Northern District of Illinois, Eastern Division. 28 U.S.C. 93(a)(1), 1441(a). 7. Concurrently with the filing of this Notice, Reed Smith has provided

written notice of removal to Altapure and is promptly filing a copy of this Notice of Removal with the clerk in the State Court Action pursuant to 28 U.S.C. 1446(d). 8. In filing this Notice of Removal, Reed Smith does not waive any defects

in service or personal jurisdiction and all defenses, affirmative defenses, and motions are hereby reserved. WHEREFORE, Reed Smith respectfully removes this action from the Circuit Court of Cook Count, Illinois to this Court pursuant to 28 U.S.C. 1331, 1441, and 1446. All procedural requisites to removal have been met. Accordingly, removal to this Court under 28 U.S.C. 1441 is proper and effected hereby.

Dated: March 27, 2011

Respectfully submitted,

/s/ Lesley G. Smith Attorneys for Defendant Reed Smith LLP Peter V. Baugher Lesley G. Smith SCHOPF & WEISS LLP One South Wacker Drive, 28th Floor Chicago, Illinois 60606 (312) 701-9300