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Appeals Co-Ownership

McDermott Will & Emery

Nothing Lasts for Everly, Not Even Copyright Co-Authorship Rights

McDermott Will & Emery on

Addressing a novel issue, the US Court of Appeals for the Sixth Circuit ruled that a statute of limitations can time-bar a defense in narrow circumstances where a defendant uses it to seek affirmative relief. Garza v. Everly,...more

Buckingham, Doolittle & Burroughs, LLC

A Fine Line Between Co-Owner and Infringer

Can an employee’s unpatentable “idea”, conceived under a duty to assign intellectual property, give rise to co-ownership in an invention conceived after employment terminates? That was the question on appeal in Bio-Rad...more

Knobbe Martens

The Saint Regis Mohawk Tribe is not entitled to Sovereign Immunity at the PTAB

Knobbe Martens on

The PTAB dismissed the Saint Regis Mohawk Tribe’s attempt to avoid IPR of patents covering Restasis®, which Allergan transferred to the Tribe in a highly publicized patent deal. See Allergan and the Saint Regis Mohawk Tribe...more

McDermott Will & Emery

Copyright Co-Owner’s Ability to Grant an Exclusive Right to a Third Party - Corbello v. DeVito

McDermott Will & Emery on

Revisiting the issue of a copyright co-owner’s right to grant an exclusive right to a third party, the U.S. Court of Appeals for the Ninth Circuit clarified its prior ruling in Sybersound v. UAV, and explained that a...more

McDermott Will & Emery

Patent Co-Owners Are Necessary Parties to Infringement Suits, but Cannot Ordinarily Be Involuntarily Joined

McDermott Will & Emery on

STC.UNM v. Intel Corp. - In a divided opinion addressing whether a patent co-owner has a substantive right not to join in an infringement suit, the U.S. Court of Appeals for the Federal Circuit denied a petition for...more

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