United States Federal Circuit
TriReme Medical, LLC v. AngioScore, Inc., 2015-1504
In a suit for correction of inventorship, brought by a purported assignee of patents relating to angioplasty balloon catheters, the district court's dismissal for lack of subject matter jurisdiction on grounds that any interest the purported inventor may have had in the patents had been assigned earlier to under a consulting agreement under 35 U.S.C. section 9, and that plaintiff as a consequence lacked standing, is reversed where whether the purported inventor's work falls under section 9(b) remains a question of fact that cannot be resolved on a motion to dismiss.
Appellate Information
- Published 2016/02/05
Judges
- DYK
Court
- United States Federal Circuit