Justia Zoning, Planning & Land Use Opinion SummariesArticles Posted in Intellectual Property
Abbott Point of Care, Inc. v. Epocal, Inc.
Plaintiff alleged infringement of patents covering systems and devices for testing blood samples against a competitor in the diagnostic field. The patents at issue name defendant as the assignee. Plaintiff claimed ownership based on confidentiality and non-competition clauses in employment and consulting contracts between its predecessor and an employee, the inventor. The district court dismissed, finding that plaintiff lacked standing because the 1999 Consulting Agreement did not continue the 1984 Agreement’s Disclosure and Assignment Covenant. The Federal Circuit affirmed, holding that the company lacked standing with respect to rights assigned long after the inventor resigned from the company. View "Abbott Point of Care, Inc. v. Epocal, Inc." on Justia Law