Legal Opinion
The Dow Chemical Company v. Astro-Valcour, Inc.
Court of Appeals for the Federal Circuit
Decided September 28, 2001No. 01-1003PublishedCited by 37 opinions
1Opinion of the Court
DYK, Circuit Judge.
This case presents the question of whether, when challenging the validity of a patent under 35 U.S.C. § 102(g), a prior inventor must have known that he was an inventor. We conclude that such a state of mind is not required. Accordingly, we agree that the invention covered by the contested claims of U.S. Patent Nos. B1 4,640,933 (the “ '933 patent”), 4,694,027 (the “ '027 patent”), and 4,663,361 (the “ '361 patent”) assigned to the Dow Chemical Company (“Dow”) was first invented by defendant Astro-Valcour, Inc. (“AVI”). Aso, we agree that AVI did not abandon, suppress, or…
2Cases cited15 opinions
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- Apotex Usa, Inc. v. Merck & Co., Inc.Court of Appeals for the Federal Circuit · 2001
- Yoshihiro Fujikawa, Mikio Suzuki, Hiroshi Iwasaki, Mitsuaki Sakashita and Masaki Kitahara v. Sompong Wattanasin, (Two Cases)Court of Appeals for the Federal Circuit · 1996
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3Cited by37 opinions
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