Drafting Assignments After Fed. Circ. Printing Patent Ruling

Law360 (July 28, 2020, 3:45 PM EDT) -- In Schwendimann v. Arkwright Advanced Coating Inc.,[1] the U.S. Court of Appeals for the Federal Circuit held that a patent assignment must be documented in writing but that there are no specific requirements for the written document.

In addition, while federal law governs the interpretation of employment agreements assigning rights to future inventions, state law governs the interpretation of assignment agreements of existing patents, particularly outside the context of employment agreements, including with respect to state laws relating to the reformation of such agreements.

Jodi Schwendimann was employed at American Coating Technologies Inc., owned by Nabil Nasser. From 1998 through 2000,...

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