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STARK v. ADVANCED MAGNETICS, INC.

No. 93-1443.

29 F.3d 1570 (1994)

Dr. David D. STARK, Plaintiff-Appellant, v. ADVANCED MAGNETICS, INC., and Jerome Goldstein, Ernest V. Groman and Lee Josephson, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

July 1, 1994.

Attorney(s) appearing for the Case

Henry C. Dinger, Goodwin, Procter & Hoar, Boston, MA, argued for plaintiff-appellant. With him on the brief were Kenneth J. Parsigian and Mary M. Diggins.

David S. Godkin, Testa, Hurwitz & Thibeault, Boston, MA, argued for defendants-appellees. With him on the brief was Richard S. Sanders.

Before NEWMAN, CLEVENGER, and RADER, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Dr. David D. Stark appeals the summary judgment of the United States District Court for the District of Massachusetts,1 denying his request for correction of inventorship of six United States patents assigned to Advanced Magnetics, Inc. (AMI) and dismissing the accompanying state law counts. We vacate the grant of summary judgment as based on an incorrect legal theory, and remand for determination of the...

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