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IOWA STATE UNIV. RESEARCH FOUND. v. SPERRY RAND CORP.

Nos. 15320, 15321.

444 F.2d 406 (1971)

IOWA STATE UNIVERSITY RESEARCH FOUNDATION, INC., Appellant, v. SPERRY RAND CORPORATION and Control Data Corporation, Appellees. CONTROL DATA CORPORATION, Appellant, v. IOWA STATE UNIVERSITY RESEARCH FOUNDATION, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 22, 1971.

Attorney(s) appearing for the Case

Jerome F. Fallon, Chicago, Ill. (Timothy L. Tilton, Chicago, Ill., and Benjamin C. Howard, Baltimore, Md., on brief), for Iowa State University Research Foundation, Inc.

Allen Kirkpatrick, Washington, D. C. (Kevin E. Joyce, William T. Bullinger, and Cushman, Darby & Cushman, Washington, D. C., and Joseph A. Genovese, Orange, Cal., on brief), for Control Data Corp.

Laurence B. Dodds, Great Neck, N. Y. (John W. Avirett, II, Baltimore, Md., E. Jerry Light, Blue Bell, Pa., Thomas J. Nikolai, St. Paul, Minn., and Piper & Marbury, Baltimore, Md., on brief), for Sperry Rand Corp.

Before WINTER, CRAVEN, and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

The principal issue raised in this interlocutory appeal is whether a district court may correct a patent by adding the name of a joint inventor when the named inventor, or his assignee, does not agree to the correction.

Sperry Rand Corp. sued Control Data Corp. for infringement of Patent No. 2,629,827. Iowa State University Research Foundation, Inc., moved to intervene so that its assignor, John V. Atanasoff, could be certified as a...

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