Law360, New York (October 29, 2008, 12:00 AM EDT) -- In Tavory v. NTP Inc., (Docket No. 2007-1527, Oct. 27, 2008), the Federal Circuit revisited the essential requirements for inventorship as well as the evidentiary burden placed on unnamed co-inventors to establish their co-inventorship as to issued patents on which they are not named inventors.
In reviewing the plaintiff’s claim of inventorship, which had been rejected by the district court on summary judgment, the Federal Circuit provides a cautionary tale of the all-too-common scenario.
But if wisdom can be drawn from other people’s mistakes, the Federal...
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