Named Inventor Lacks Standing to Remove Himself and Another as Co-Inventors

Friday, September 2, 2016

One of three inventors listed on two U.S. patents filed action under 35 U.S.C. § 256 against the second named inventor and the assignees seeking a declaration that the remaining inventor, who was not a party to the action, was the sole inventor.  District Court Judge Bredar granted defendants’ motion to dismiss, finding that the plaintiff/coinventor lacked standing.  Being allegedly incorrectly listed as a joint inventor is not a cognizable injury redressable under Section 256.  Pedersen v. Geschwind, 141 F. Supp. 3d 405 (D. Md. 2015).