Vanderbilt V. ICOS And Proving Joint Inventorship

Law360, New York (June 23, 2010, 2:32 PM EDT) -- On April 7, 2010, the U.S. Court of Appeals for the Federal Circuit in Vanderbilt Univ. v. ICOS Corp., 601 F.3d 1297 (Fed. Cir. 2010), clarified the legal standards for determining joint inventorship when a patentee allegedly uses information from a third party as the basis to derive an invention.

The two patents at suit were originally assigned to Glaxo Inc. and then assigned to ICOS. The district court found that Vanderbilt University (“Vanderbilt”) failed to prove that several of Vanderbilt’s scientists (collectively the “Vanderbilt Scientists”)...
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