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Many universities have standard patent assignment agreements that assign inventions of a university employee to the university. But what if the inventor is married? Or, what if the inventor marries during his or her employment and the invention is created during the marriage? Does the spouse have rights to the invention? Parties to patent […]
Can Your DNA Be Patented? The Supreme Court Draws a Delicate Balance By Stan Gibson and Greg Cordrey In Ass’n for Molecular Pathology v. Myriad Genetics, Inc., the United States Supreme Court held that a naturally occurring, isolated segment of DNA is a product of nature and is not patentable.1 In contrast, the Supreme […]
After District Court Invalidates Pharmaceutical Product Patent Based on Clinical Trials, Federal Circuit Reverses Because Clinical Trial Was Not Public Sunovion Pharmaceuticals, Inc. (“Sunovion”) and Dey L.P., Dey, Inc., and Mylan, Inc. (collectively, “Dey”) develop pharmaceutical products to treat lung disease. Sunovion filed a patent application, followed by an application to test its products […]
When drafting assignment agreements, it is important for universities to consider whether, and to what extent, the assignment conveys the right to enforce the patents through litigation. It is also important to understand whether the university has the right to recover past royalties or will be limited to the recovery of future royalties. Indeed, questions […]
Acquiring and Licensing Patents: Does the Language of Your Agreement Provide You with Enforcement Rights? When acquiring or licensing patents, it is important to consider whether, and to what extent, the acquisition or license conveys the right to enforce the patents through litigation. It is also important to understand whether you have the right […]
Universities Need to Protect Their Intellectual Property: Recent Decisions from the Federal Circuit and the United States Supreme Court That Impact Intellectual Property Agreements A number of recent Federal Circuit decisions and a decision from the United States Supreme Court have highlighted the importance of assignment clauses in the transfer of intellectual property, particularly patents, […]
