By Dennis Crouch
In Yesterday’s case of University of Utah v. Max-Planck-Gesellschaft, the Federal Circuit held that the patent owner (here, University of Massachusetts) was not an indispensable party to an inventorship dispute. Judge Moore dissented. And, I think Judge Moore has the better argument here based upon the statutory language. Here’s why. The statutory hook for bringing the case is found in 35 U.S.C. 256 that allows a “court before which such matter is called in question” to “order correction of the patent.” However, the statute requires that any correction of inventorship be made “on notice and hearing of all parties concerned.” In my mind, that statute largely ends the debate.