Legal Opinion
Gellman Ex Rel. Mayer Michael Lebowitz Trust v. Telular Corp.
Court of Appeals for the Federal Circuit
Decided November 30, 2011No. 2011-1196UnpublishedCited by 4 opinions
1Opinion of the Court
CLEVENGER, Circuit Judge.
Plaintiff Tobi Gellman brought this action for infringement of a patent on which her late husband, Mayer Michael Lebow-itz, is a named co-inventor. Ms. Gellman is a Trustee of the Mayer Michael Lebow-itz Trust (“the Lebowitz Trust”), which Ms. Gellman claimed was the sole legal owner of the patent. Because it held that the Lebowitz Trust was at best a joint legal owner, and because the co-owner was not a party, the district court dismissed without prejudice for lack of standing. Gellman v. Telular Corp., No. 2:07-cv-282, 2010 WL 5173213 (E.D.Tex. Dec.14, 2010). We…
2Cases cited17 opinions
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Crown Die & Tool Co. v. Nye Tool & MacHine WorksSupreme Court of the United States · 1923
- New Orleans & Gulf Coast Railway Co. v. BarroisCourt of Appeals for the Fifth Circuit · 2008
- Solomons v. United StatesSupreme Court of the United States · 1890
- Krim v. pcOrder.com, Inc.Court of Appeals for the Fifth Circuit · 2005
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