Judge Jimmie Reyna delivered the opinion of the panel majority. Advanced Video Techs. LLC v. HTC Corp. Opinion for the court, Reyna, J.
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Judge Jimmie Reyna delivered the opinion of the panel majority. Advanced Video Techs. LLC v. HTC Corp. Opinion for the court, Reyna, J. Dissenting opinion, Newman, J. Patent No. The invention was created while the co-inventors were employed by Infochips Systems. The sole issue on appeal was whether Hsiun transferred her co-ownership interest to Advanced Video under her Employment Agreement with Infochips.
The district court dismissed the suit for lack of standing, finding that Advanced Video did not have an ownership interest in the patent. After the transfer, Advanced Video filed three new patent infringement suits, arguing that it acquired Ms. The district again court dismissed the suits for lack of standing, finding that Ms.
Hsuin was not a party, had not consented to the suits, and never transferred her ownership interest to Advanced Video. The appeal followed. The Federal Circuit affirmed. Taken together, neither the will assign , the trust, nor the quitclaim provisions of the Employment Agreement operated to assign Ms. First, language in the Employment Agreement that Ms. Second, language in the Agreement that Ms. Hsiun never transferred her ownership rights out of the trust to Advanced Video.
Advanced Video could have sought to enforce Ms. Additionally, as a non-consenting co-owner, Ms. Hsiun could not be involuntarily joined to the case under Federal Rule of Civil Procedure Finally, language in the Agreement that Ms.
Hsuin had never assigned her rights. As a result, Advanced Video never had full ownership of the? Hsiun was not a party to the suit. Hsiun could be involuntarily joined to the suit under Rule The Federal Circuit has no governing precedent and has never explained the basis for its exception, that a non-consenting co-owner of a patent cannot be joined. The Court should either clarify the basis for its rule against involuntary joinder of co-owners in patent infringement suits or hold that Rule 19 applies in patent cases.
Judge Newman dissented, arguing that Advanced Video had full ownership of the? She found that the Employment Agreement, including the will assign , trust and quitclaim provisions, demonstrated a mutual intent and understanding that any inventions created during Ms. Based on the terms of the Agreement, a separate assignment document was not necessary to assign ownership of the invention to Infochips.
Judge Newman noted that Ms. Hsiun has never asserted any ownership interest in the? A patent infringement suit cannot be maintained unless all co-owners of the patent are parties to the suit. A non-consenting patent owner cannot be involuntarily joined to an infringement suit under Federal Rule of Civil Procedure Joseph Robinson has over 20 years of experience in all aspects of intellectual property law.
He focuses his practice in the pharmaceutical, life sciences, biotechnology, and medical device fields. His practice encompasses litigation, including Hatch-Waxman litigation; licensing; counseling; due diligence; and patent and trademark prosecution.
He has served as litigation counsel in a variety of patent and trademark disputes in many different jurisdictions, and has also served as appellate counsel before the Court of Appeals for the Federal Circuit.
Joe also focuses on complex inter partes matters before the U. S Patent and Trademark Office, inventorship disputes, reexaminations and reissues. His experience includes numerous interferences, a particular advantage in new U. Patent and Trademark Office post-grant proceedings. He also counsels on patent—related U. Food and Drug Administration issues, including citizen petitions, Orange Book listing, and trademark issues.
For more information and to contact Joe please visit his profile page at the Troutman Sanders website. Robert Schaffer is an intellectual property partner at Troutman Sanders. Bob applies more than 30 years of experience to IP counseling and litigation. His work includes patent procurement, strategic planning and transactional advice, due diligence investigations, district court patent cases, and Federal Circuit appeals.
He regularly handles complex and high-profile domestic and international patent portfolios, intellectual property agreements and licensing, IP evaluations for collaborations, mergers, and acquisitions. In disputed Patent Office matters his work includes representing and counseling clients in interferences, reexaminations, reissues, post-grant proceedings, and in European Oppositions.
For more information and to contact Bob please visit his profile page at the Troutman Sanders website. Read more. View More…. Advertise Here.
Federal Circuit. Patent Drafting Basics. Unlocking the Idea-Invention Dichotomy.
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Split CAFC Panel Says ‘Will Assign’ Provision of Employment Agreement Insufficient for Standing