United States Federal Circuit

in a patent action that Vanderbilt University against defendant alleging that certain Vanderbilt scientists should be added as joint inventors on two patents involving compounds and methods for treating erectile dysfunction, a ruling against the university is affirmed where: 1) the district court correctly concluded that the school failed to establish by clear and convincing evidence its claim of joint inventorship; and 2) although the district court opinion contains some erroneous statements regarding the law of joint inventorship and a misunderstanding of the relevance of American BioScience to the facts of this case, such errors do not affect the outcome of the appeal and were harmless in context.

Appellate Information

• Decided 04/07/2010
• Published 04/07/2010

Judges

• CLEVENGER, Circuit Judge., Before MICHEL, Chief Judge, CLEVENGER and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Robert S. Brennen, Miles & Stockbridge P.C., of Baltimore, MD, argued for plaintiff-appellant. With him on the brief were Donald E. English, Jr.; Kurt C. Rommel and James T. Carmichael, of McLean, VA. Of counsel were Leona Marx and David Williams, II, Vanderbilt University, of Nashville, TN.


• For Appellees:
  
• Kevin M. Flowers, Marshall, Gerstein & Borun LLP, of Chicago, IL, argued for defendant-appellee. With him on the brief were Thomas I. Ross and Matthew C. Nielsen. Of counsel on the brief were Paul R. Cantrell, Donald L. Corneglio and Dan L. Wood, Eli Lilly and Company, of Indianapolis, IN.