News & Analysis as of

Intellectual Property Protection Patent Litigation Joint Inventors

McDermott Will & Emery

No Co-Inventorship Absent Corroborated Conception

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In a patent case concerning cryptocurrency data mining, the US Court of Appeals for the Federal Circuit affirmed a district court’s grant of summary judgment and its ruling that a state law conversion claim was preempted by...more

McDermott Will & Emery

Who Solved the Problem? Joint Inventors, That’s Who

The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to correct inventorship in a post-issuance inventorship dispute, finding that the alleged joint inventors’ contributions were significant...more

McDermott Will & Emery

Same Product in Different Packaging May Constitute Separate Market for Antitrust Purposes

McDermott Will & Emery on

Addressing an issue of first impression, the US Court of Appeals for the Second Circuit concluded that two medications that contain the same ingredients but are packaged in different forms constitute separate markets for...more

Sheppard Mullin Richter & Hampton LLP

HIP Inc. v. Hormel Foods Corp. No. 2022-1696, _ F.4th ___ (Fed. Cir. May 2, 2023)

This case addresses the requirements necessary to establish a prima facie case to correct inventorship under 35 U.S.C. § 256. Background - Hormel Foods appealed the District Court’s ruling that David Howard should be...more

McDermott Will & Emery

Inventorship Hosed Clean: Contribution, Corroboration and Collaboration Prove Joint Invention

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a decision to correct inventorship, finding that the alleged joint inventor’s contribution to a claimed invention was significant and adequately corroborated by...more

Bradley Arant Boult Cummings LLP

Blue Gentian’s Efforts to Maintain Sole Inventorship Were Hosed by the Federal Circuit

Last week, the Federal Circuit issued another precedential decision on inventorship. However, unlike in HIP, Inc. v. Hormel Foods Corporation (22-1696) where the appellate panel found the purported inventor’s contribution to...more

Woods Rogers

The Legal Ramifications of Inventorship: What You Need To Know

Woods Rogers on

There is the old adage in business: to go fast, go alone; and to go far, go together.  When this applies to innovation and naming co-inventors in your patent application, it is important to understand the legal ramification...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (May 15 – May 19): Joint Inventorship and Insignificant Contributions

This week’s bacon-related case of the week may lack a certain recognizable savory smell, but it still manages to pack some helpful insights on the law of joint inventorship. Case of the (recent) week: HIP, Inc. v. Hormel...more

Irwin IP LLP

Federal Circuit Cooks District Court’s Decision to Add Bacon-Prep Inventor

Irwin IP LLP on

This week, the Federal Circuit reversed the United States District Court for the District of Delaware’s (“District Court”) decision to add David Howard as a joint inventor on Hormel Food Corporation’s (“Hormel”) U.S. Patent...more

Bradley Arant Boult Cummings LLP

Bacon and a Heavy Burden: Significant Contribution Required To Be a Joint Inventor

Efforts by HIP, Inc. to have David Howard added as an inventor to Hormel’s U.S. Patent No. 9,980,498 (Bacon Patent) were recently scorched by the Federal Circuit. More specifically, in HIP, Inc. v. Hormel Foods Corporation...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases, May 2023

HIP, Inc. v. Hormel Foods Corp., Appeal No. 2022-1696 (Fed. Cir. May 2, 2023) In its only precedential patent opinion this week, the Federal Circuit reversed a district court determination that David Howard should be...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions: Google LLC v. IPA Technologies Inc., 34 F.4th 1081...

Google petitioned for IPR of two patents owned by IPA. Each of the asserted grounds relied on the Martin reference. Martin lists as authors the two inventors of the challenged patents and a third person, Dr. Moran. During...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

McDonnell Boehnen Hulbert & Berghoff LLP

BASF Plant Science, LP v. Commonwealth Scientific and Industrial Research Organisation (Fed. Cir. 2022)

The consequences of joint development agreements, particularly under circumstances where later development is pursued independently by the parties, can create, inter alia, allegations of improper ownership and infringement if...more

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