News & Analysis as of

Joint Inventors

In re VerHoef

by Knobbe Martens on

Federal Circuit Summaries - Before Newman, Mayer, and Lourie. Appeal from the Patent Trial and Appeal Board. Summary: An application is unpatentable under pre-AIA 35 U.S.C. § 102(f) when the application does not name...more

Three Things To Know About Rule 130 Declarations

by Foley & Lardner LLP on

A few weeks ago I joined Kathleen Fonda, Ph.D., J.D., Senior Legal Advisor in the USPTO’s Office of Patent Legal Administration, and Gary Ganzi, J.D., Senior Counsel and Head of Intellectual Property for Evoqua Water...more

Obviousness-Type Double Patenting Dangers in the U.S.

The Federal Circuit’s decision in Gilead Sciences, Inc. v. Natco Pharma Ltd. introduced even more confusion in an already confusing area of the law – namely obviousness-type double patenting. Obviousness-type double patenting...more

Advanced Video Technologies LLC v. HTC Corporation Et Al.

by Knobbe Martens on

Federal Circuit Summaries - Before Newman, O’Malley, and Reyna. Appeal from the United States District Court for the Southern District of New York. Summary: A co-inventor did not transfer ownership interests in a...more

So Why Do I Have To Sign This Declaration Again?

by Miles & Stockbridge P.C. on

This is a question that I often am asked when inventors have been working with us for an extended period of time. In the past, we could use an existing, executed declaration in the family for a new member, but not after...more

Joint IP Ownership Rights

New ideas, creations, and business ventures are often the product of collaboration. If lawyers had their way, a written agreement would precede every creative collaboration. Of course, this is not the case. Collaborators...more

PTAB Interprets “By Another” in 35 § 102(e)

by Jones Day on

In connection with a dispute over parking meters, the PTAB, on March 27, 2017, issued a decision in IPR2016-00067 that Duncan Parking Technologies, Inc. (DPT) had not met its burden of showing, by a preponderance of evidence,...more

Sovereign immunity shields university from inventorship dispute

by Hogan Lovells on

In a case involving medical methods invented by two Nobel laureates, the U.S. Court of Appeals for the Federal Circuit has ruled that sovereign immunity prevents a third researcher from pursuing his claim of co-inventorship...more

4 Tips to Protect Textile Innovations

by Womble Bond Dickinson on

Is innovation a key component of your business plan? Will you distinguish yourself with unique product offerings? Whether protecting our men and women in uniform, advancing the treatment of medical conditions, or adding to a...more

Key IP Questions For Emerging Businesses

by Womble Bond Dickinson on

Are you starting a new company or business venture? Launching an exciting new product or expanding into a new business line? Congratulations. Just remember, if you wind up with a high-growth opportunity, it can often pay big...more

The Importance of Getting Inventorship Right: A Cautionary Tale in Two Cases

U.S. patent law elevates the importance of “the inventor” to an extent unseen in the rest of the world. Unlike many other countries, ownership of patent applications in the United States initially vests in the inventors...more

Inventorship Claims That Took $8 Million to Defeat Were Not “Exceptional”

In University of Utah v. Max-Planck-Gesellschaft Zur Foerderung der Wissenschaften E.V., [2016-1336] (March 23, 2017), the Federal Circuit affirmed the district court’s finding that the case was not exceptional within the...more

Supreme Court and Precedential Federal Circuit Patent Cases

In SCA v. First Quality Baby Products, the Supreme Court holds that laches should not be available as a defense in patent cases, refusing to concur with the Circuit’s en banc holding that the Patent Act’s 6-year limitation on...more

Worthwhile Uncomfortable Conversations

Seth Godin wrote this past weekend about joint ownership of creations...more

CardiAQ’s Inventorship Challenge Survives

Neovasc began its business relationship with CardiAQ in June, 2009, by providing services and supplies for the development of CardiAQ’s TMVI heart valve device. Though the relationship lasted only 10 months, the parties...more

Intellectual Property and You: The University Edition

by Varnum LLP on

It may be July, but school is still in session. In this blog, I'll discuss another common but mysterious topic: intellectual property ownership, specifically in the university setting. Universities sponsor research, encourage...more

Timing is Everything

In Trieme Medical, LLC v. Angioscore, Inc., [2015-1504] (February 5, 2015) the Federal Circuit reversed the dismissal of Trieme’s complaint to have its assignor, Dr. Lotan, named as an inventor of Angioscore’s...more

IP Alert: "Are Your IP Assignments Effective?"

by Porter Hedges LLP on

Many assignments of intellectual property are ineffective for failing to actually convey title as the parties intended. U.S. law is clear that only individuals may be inventors, who then may assign their inventions to...more

Omitted Inventors May Have Standing To Seek Patent Correction Based On “Reputational” Injury

by Brooks Kushman P.C. on

The U.S. Court of Appeals for the Federal Circuit recently ruled that a plaintiff not named as a joint inventor on several patents and pending patent applications has standing to maintain an action to correct inventorship...more

Inventorship, Ownership Issues Cause Dismissal of Suit

by Foley & Lardner LLP on

On July 22, 2015, the U.S. District Court for the District of Maryland dismissed a long standing patent infringement suit brought by StemCells, Inc. against Neuralstem, Inc., on the ground that all those with an ownership...more

Innovative Collaboration – IP Considerations

by Knobbe Martens on

It is common for medical device makers to partner with doctors, universities, designers, manufacturers, R&D labs, or salespeople in the development of medical devices. To reap the intended benefits of such efforts,...more

Teamwork Can Benefit Your Company’s Research, but Verify Inventors on any Resulting Patent Application

by Hodgson Russ LLP on

Much of today’s innovation is a collaborative process. In the past few weeks, stories were in the news about breakthroughs involving groups of researchers working on aluminum batteries, carbon electrodes for lithium-ion...more

Joint Inventorship at the Movies: Stick Around for the Credits

by Hodgson Russ LLP on

Determining a list of inventors can be one of the messier parts of finalizing a patent application. Telling a colleague who put in late nights refining another’s idea that he is not a joint inventor can lead to tension,...more

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