Patently-O
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Unexciting Patent Ownership Decision
No one else seems to have reported much on this case, which is understandable – there’s not really any new ground covered. But it is a Federal Circuit decision, so I’ll give you a brief summary. Yale Preston was an employee of Marathon Oil Co. A few days after his employment began, at the same […] Continue reading
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Treating Patents More Like Property
The Patently-O blog has a thoughtful post on patent ownership and licensing, advocating for a stricter recording requirement: Because of an inadequate system for recordation, prospective purchasers, licensees, lenders, and even defendants in a lawsuit may have to take it on faith that the seller, licensor, borrower, or plaintiff truly owns, and has not previously […] Continue reading
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Beneficial Owners Don’t Have Standing
The Eastern District of Virginia recently held that a beneficial owner of a patent has standing to bring an infringement claim. It appears the Federal Circuit disagrees. The ‘451 patent was invented by Mayer Michael Lebowitz and James Seivert, both deceased. The Lebowitz Trust now owns Mr. Lebowitz’s ownership interest in the patent. The Trust […] Continue reading
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The Supreme Court and Ownership of Patents
The Supreme Court recently granted certiorari to decide a question of patent ownership. The case is Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc. and involves interpretation of the Bayh-Dole Act of 1990. The Bayh-Dole Act discusses, in the case of federally-funded research, the relative rights of patent ownership […] Continue reading
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