Legal Opinion · Dissent

Euclid Chemical Co. v. Vector Corrosion Technologies, Inc.

Court of Appeals for the Federal Circuit

Decided April 1, 2009No. 2008-1170Published

1DissentNewman, Circuit Judge

I agree that the district court erred in its grant of summary judgment, but I must, with all respect to my colleagues, dissent from their decision that the issue of contractual intent requires trial. The agreements transferring the Bennett patent property to Vector are clear that the only issued patent included in the transfer is U.S. Patent No. 6,033,553 (“the '553 patent”). The rules of contract and patent law do not permit the interpretation that another patent on a different invention, a patent fully known to Vector, was nonetheless silently conveyed by these agreements. Since as a matter…

2Cases cited8 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Graham v. Drydock Coal Co.Ohio Supreme Court · 1996
  3. Dr. Gopal Potti, Kamala Potti, Vinayak Potti, a Minor, and Lakshmi Potti, a Minor, Cross-Appellants v. Duramed Pharmaceuticals, Inc., Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1991
  4. Uebelacker v. Cincom Systems, Inc.Ohio Court of Appeals · 1988
  5. Hercules Incorporated v. United StatesCourt of Appeals for the Federal Circuit · 2002

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