FALANA v. KENT STATE UNIVERSITY

No. 2011-1198.

669 F.3d 1349 (2012)

Olusegun FALANA, Plaintiff-Appellee, v. KENT STATE UNIVERSITY and Alexander J. Seed, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

January 23, 2012.


Attorney(s) appearing for the Case

Bruce H. Wilson , of Akron, OH, argued for plaintiff-appellee.

R. Eric Gaum , Hahn Loeser & Parks, LLP, of Cleveland, OH, argued for defendants-appellants. With him on the brief were Steven J. Mintz and Scott M. Oldham .

Before LINN, PROST, and REYNA, Circuit Judges.


LINN, Circuit Judge.

Dr. Olusegun Falana ("Falana") filed a complaint with the U.S. District Court for the Northern District of Ohio against Kent State University ("Kent State") and the inventors listed on the face of U.S. Patent No. 6,830,789 ("the '789 Patent") seeking correction of inventorship under 35 U.S.C. § 256. Falana alleged that he was an omitted co-inventor of the '789 Patent. Following a bench trial, the district court agreed with Falana and ordered...

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