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Pending Patent's Inventor Can't Be Disputed, Fed. Circ. Says

Law360 (August 10, 2018, 7:51 PM EDT) -- The Federal Circuit on Friday affirmed the dismissal of a lawsuit by a man seeking to be named the sole inventor on a pending cannabis patent application, ruling that such suits can’t be filed until after a patent is issued.

The appeals court held that the suit by Michael Pappalardo failed to state a claim for plausible relief because it seeks to remove another person as a named inventor on a patent application that is still pending at the U.S. Patent and Trademark Office.

Citing a 2012 Federal Circuit decision, the court said that a “claim for correction of inventorship does...

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Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only

Court

Appellate - Federal Circuit

Nature of Suit

830 Patent Infringement (Fed. Question)

Date Filed

November 30, 2017

Government Agencies