Plaintiff's request under 35 USC §256 to add three scientists to the patent in suit was denied. The scientists "contributed the 'starting materials' for a chemical compound," but "having in mind specific portions of a claimed compound is not the same as conceiving the compound with all of its components." The court did not state that the scientists "did not make contributions to [the] inventive process; only that, under the applicable law, these contributions fall more into the category of 'prosaic' contributions because they did not conceive the invention as claimed."
Vanderbilt University v. ICOS Corp., 1-05-cv-00506 (DED January 27, 2009, Opinion)
No comments:
Post a Comment