Legal Opinion
Preston v. Marathon Oil Co.
Court of Appeals for the Federal Circuit
Decided July 10, 2012No. 2011-1013, 2011-1026PublishedCited by 11 opinions
1Opinion of the Court
O’MALLEY, Circuit Judge.
Decision
This case presents the question of whether Plaintiff-Appellant Yale Preston (“Preston”) owns United States Patent Nos. 6,959,764 (“the '764 patent”) and 7,207,385 (“the '385 patent”), or whether he assigned rights in those patents to DefendanWCross-Appellant Marathon Oil Company (“Marathon”) pursuant to an employment agreement entered into shortly after he began work as an at-will employee. In the alternative, Marathon asserts that it has a common law shop right to use the invention or otherwise owns the invention because Marathon Engineer Thomas Smith, one of…
2Cases cited13 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Hybritech Incorporated v. Monoclonal Antibodies, Inc.Court of Appeals for the Federal Circuit · 1986
- Burroughs Wellcome Co. v. Barr Laboratories, Inc., and Novopharm, Inc. And Novopharm, Ltd.Court of Appeals for the Federal Circuit · 1994
- Mars, Inc. v. Coin Acceptors, Inc.Court of Appeals for the Federal Circuit · 2008
- Hopper v. All Pet Animal Clinic, Inc.Wyoming Supreme Court · 1993
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3Cited by11 opinions
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- Pronova Biopharma Norge AS v. Teva Pharmaceuticals USA, Inc.Court of Appeals for the Federal Circuit · 2013
- Intellect Wireless, Inc. v. HTC Corp.District Court, N.D. Illinois · 2012
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