Legal Opinion

Falana v. Kent State University

Court of Appeals for the Federal Circuit

Decided January 23, 2012No. 2011-1198PublishedCited by 27 opinions

1Opinion of the Court

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 the United States Patent and Trademark Office (“USPTO”) to issue a certificate of correction adding Falana as a named inventor on the…

2Cases cited21 opinions

  1. Cybor Corporation v. Fas Technologies, Inc., and Fastar Ltd., Defendants-CrossCourt of Appeals for the Federal Circuit · 1998
  2. Swint v. Chambers County CommissionSupreme Court of the United States · 1995
  3. White v. New Hampshire Department of Employment SecuritySupreme Court of the United States · 1982
  4. Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
  5. Teleflex, Inc. v. Ficosa North America Corp., Fico Cables, S.A., and Ficosa North America S.A. De C.V.Court of Appeals for the Federal Circuit · 2002

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3Cited by27 opinions

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  2. University of Utah v. Max-Planck-Gesellschaft Zur Forderung Der Wissenschaften E.V.Court of Appeals for the Federal Circuit · 2013
  3. Orenshteyn v. Citrix Systems, Inc.Court of Appeals for the Federal Circuit · 2012
  4. Blue Gentian, LLC v. Tristar Products, Inc.Court of Appeals for the Federal Circuit · 2023
  5. Empire Bucket, Inc. v. Contractors Cargo CompanyCourt of Appeals for the Seventh Circuit · 2014

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