When filing a terminal disclaimer to overcome a double-patenting rejection, federal rules require a statement of common ownership of the two patents. In the recent case of Bellehumeur v. Bonnet (Fed. Cir. March 8, 2005, NONPRECEDENTIAL), the patentee had filed such a statement for two patents relating to a puck for use on a non-ice surface. (U.S. Patent No. 5,275,410). However, during litigation, Bellehumeur could not produce any evidence that he was the exclusive owner of both patents. As a result, the CAFC vacated the infringement judgment and remanded for a determination of ownership and enforceability.
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