UNIVERSITY OF WEST VIRGINIA v. VANVOORHIES

Nos. 00-1440, 00-1478.

278 F.3d 1288 (2002)

UNIVERSITY OF WEST VIRGINIA, BOARD OF TRUSTEES, Plaintiff-Appellee, and West Virginia University Research Corporation, Third Party Defendant-Appellee, and James Earl Smith and Integral Concepts, Inc., Third Party Defendants-Appellees, v. Kurt L. VANVOORHIES, Defendant/Third Party Plaintiff-Appellant.

United States Court of Appeals, Federal Circuit.

DECIDED: January 30, 2002.


Attorney(s) appearing for the Case

David E. Tungate, Eckert Seamans Cherin & Mellott, of Pittsburgh, PA, argued for plaintiff-appellee and third party defendant-appellee. With him on the brief were Arnold B. Silverman, and Kirk D. Houser. Of counsel on the brief were Andrew G. Fusco, and Jeffrey A. Ray, The Fusco Legal Group, L.C., of Morgantown, WV.

Gordon H. Copland, Steptoe & Johnson, PLLC, of Clarksburg, WV, argued for third party defendants-appellees. With him on the brief was Megan D. Dortenzo.

Kenneth A. Martin, Martin & Adams, of Washington, DC, argued for defendant/third party plaintiff-appellant. With him on the brief was Jennifer C. Adams. Of counsel on the brief was William A. Kolibash, Phillips, Gardill, Kaiser & Altmayer, of Wheeling, WV.

Before LOURIE, RADER, and GAJARSA, Circuit Judges.


LOURIE, Circuit Judge.

Kurt L. VanVoorhies appeals from the decision of the United States District Court for the Northern District of West Virginia granting the University of West Virginia Board of Trustees' ("WVU's") motion for summary judgment that VanVoorhies breached his duty to assign U.S. Patent Applications 08/486,340 and 08/514,609 to WVU. Univ. of W. Va. v. VanVoorhies, 84 F.Supp.2d 759...

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