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2008 PATENT LAW DECISIONS OF THE FEDERAL CIRCUIT
Zubler et al talk about several patent law decisions of the US Court of Appeals for the Federal Circuit in 2008. One is the case of Akazawa v. Link New Technology International, Inc, which the Federal Circuit addressed the issue of whether a party purporting to own patent rights transferred by way o...
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Published in: | The American University law review 2009-04, Vol.58 (4), p.747 |
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Main Authors: | , , , , , , , , , , |
Format: | Article |
Language: | English |
Subjects: | |
Online Access: | Get full text |
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Summary: | Zubler et al talk about several patent law decisions of the US Court of Appeals for the Federal Circuit in 2008. One is the case of Akazawa v. Link New Technology International, Inc, which the Federal Circuit addressed the issue of whether a party purporting to own patent rights transferred by way of intestacy has standing to sue. The inventor of the patent at issue in Akazawa, however, died intestate without a written will. The inventor's heirs subsequently assigned their interest in the patent to a third party, who then assigned all rights to Akira. When Akira later brought suit against Link New Technology, Link moved for summary judgment on the ground that the initial intestate transfer was not a valid assignment of patent rights. The district court agreed that because no valid assignment had occurred ownership of the patent remained vested in the estate and Akira had no standing to sue. |
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ISSN: | 0003-1453 1943-5673 |