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UNIVERSITY OF PITTSBURGH OF CMWLTH. v. HEDRICK

No. 2008-1468.

573 F.3d 1290 (2009)

UNIVERSITY OF PITTSBURGH OF the COMMONWEALTH SYSTEM OF HIGHER EDUCATION, Dr. Adam J. Katz, and Dr. Ramon Llull, Plaintiffs-Appellees, v. Marc H. HEDRICK, Prosper Benhaim, Hermann Peter Lorenz, and Min Zhu, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

July 23, 2009.

Attorney(s) appearing for the Case

Glenn J. Pfadenhauer, Williams & Connolly LLP, of Washington, DC, argued for plaintiffs-appellees. With him on the brief were Adam L. Perlman and David I. Berl.

John Allcock, DLA Piper LLP (US), of San Diego, CA, argued for defendants-appellants. With him on the brief was Stanley J. Panikowski.

Before MAYER, RADER, and BRYSON, Circuit Judges.

MAYER, Circuit Judge.

Marc H. Hedrick, Prosper Benhaim, Hermann Peter Lorenz, and Min Zhu appeal the judgment of the United States District Court for the Central District of California finding that they were not co-inventors of U.S. Patent No. 6,777,231, and granting a misjoinder motion pursuant to 35 U.S.C. § 256. Univ. of Pittsburgh v. Hedrick, No. 2:04-cv-09014 (C.D. Cal. June 9, 2008). Because we agree that University of Pittsburgh researchers Adam...

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