Tuesday, September 29, 2009

Question of Whether Patent Assignment Applies to CIP Certified for Interlocutory Appeal

The court certified for interlocutory appeal its denial of defendants' motion to dismiss for lack of subject matter jurisdiction. "Defendants convincingly argue that reasonable grounds exist for a difference of opinion. Although courts have found variously worded assignments to include CIPs, Defendants are correct that there is no binding precedent holding that an assignment with the exact terms cited [all "rights, title and interest" in "the inventions covered thereby and any division, reissues, continuations and extensions thereof"] includes CIPs."

Gerber Scientific Intl. Inc v. Satisloh AG et al.,
3-07-cv-01382 (CTD September 25, 2009, Amended Order) (Dorsey, J.)

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