United States Federal Circuit

A university patent policy, which broadly applies to all university personnel and does not specify that the university's ownership is subject to election by personnel, applies to an invention made by a graduate student, even if the student is listed on the patent application as the sole inventor.

Appellate Information

• Decided 01/30/2002
• Published 01/30/2002

Judges

• LOURIE, Circuit Judge., Before LOURIE, RADER, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• David E. Tungate,Eckert Seamans Cherin & Mellott, of Pittsburgh, PA, argued for plaintiff-appellee and third party defendant-appellee. With him on the brief were Arnold B. Silverman, and Kirk D. Houser. Of counsel on the brief were Andrew G. Fusco, and Jeffrey A. Ray, The Fusco Legal Group, L.C., of Morgantown, WV., Gordon H. Copland, Steptoe & Johnson, PLLC, of Clarksburg, WV, argued for third party defendants-appellees.   With him on the brief was Megan D. Dortenzo., Kenneth A. Martin, Martin & Adams, of Washington, DC, argued for defendant/third party plaintiff-appellant.   With him on the brief was Jennifer C. Adams.   Of counsel on the brief was William A. Kolibash, Phillips, Gardill, Kaiser & Altmayer, of Wheeling, WV.