Legal Opinion

David D. Stark, M.D. v. Advanced Magnetics, Inc., Jerome Goldstein, Ernest v. Groman, and Lee Josephson

Court of Appeals for the Federal Circuit

Decided July 11, 1997No. 96-1233PublishedCited by 64 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge RADER; opinion concurring in the result, but dissenting in the outcome, filed by Circuit Judge PLAGER.

*1552RADER, Circuit Judge.

Dr. David D. Stark brings this interlocutory appeal from a judgment of the United States District Court for the District of Massachusetts to determine under what circumstances correction of inventorship is permissible. The district court held that correction of inventorship is allowable only when “the true inventor was left off the application as a result of a mistake and not as a result of deception, on the part of either the…

2Cases cited15 opinions

  1. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  2. Kungys v. United StatesSupreme Court of the United States · 1988
  3. Molins Plc, and John Coventry Smith, Jr. v. Textron, Inc., Kearney & Trecker Corporation, and Avco CorporationCourt of Appeals for the Federal Circuit · 1995
  4. United States v. JamesSupreme Court of the United States · 1986
  5. Burroughs Wellcome Co. v. Barr Laboratories, Inc., and Novopharm, Inc. And Novopharm, Ltd.Court of Appeals for the Federal Circuit · 1994

10 more not listed; retrieve them via the Exa API.

3Cited by64 opinions

  1. C.R. Bard, Inc. v. M3 Systems, Inc.Court of Appeals for the Federal Circuit · 1998
  2. Pannu v. Iolab Corp.Court of Appeals for the Federal Circuit · 1998
  3. Viskase Corporation v. American National Can CompanyCourt of Appeals for the Federal Circuit · 2001
  4. Field v. MansCourt of Appeals for the First Circuit · 1998
  5. PerSeptive Biosystems, Inc. v. Pharmacia Biotech, Inc.Court of Appeals for the Federal Circuit · 2000

59 more not listed; retrieve them via the Exa API.

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