Rushing v. Intex Products, Inc.

Cureton, Judge:

This is a declaratory judgment action to determine ownership of two patents. The circuit court ordered that respondent J. Carroll Rushing assign his title to the patents to appellant Intex Products, and that Intex pay Rushing one-third of all remunerations it receives from commercializing the patents. Intex appeals and contends the court erred in ordering it to share proceeds from use of the patents with Rushing because Rushing did not plead facts upon which monetary relief could be granted. We agree and reverse and remand.

The case involves a dispute between Intex, the…