United States Federal Circuit

In an optical engineer's action raising a claim for correction of inventorship pursuant to 35 U.S.C. section 256 and setting forth various state law claims, dismissal of the claims is vacated, reversed and remanded where the district court erred in: 1) conducting a bench trial on the inventorship claim prior to a jury trial on the state law claims when there were common underlying factual issues; and 2) dismissing the unjust enrichment claim on the pleadings.

Appellate Information

• Decided 08/24/2007
• Published 08/24/2007

Judges

• Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LOURIE, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Paul F. Kirsch, Townsend and Townsend and Crew LLP, of San Francisco, CA, argued for plaintiff-appellant.   With him on the brief were George M. Schwab and Mark T. Jansen.


• For Appellees:
  
• Stephen E. Taylor, Taylor & Company Law Offices, Inc., of San Francisco, CA, argued for defendants-appellees.   With him on the brief were Stacey L. Wexler and Tyler G. Newby.   Of counsel was Mark A. Lemley, Keker & Van Nest, LLP, of San Francisco, CA.