No. 19-167

Galen J. Suppes v. Curators of the University of Missouri

Lower Court: Missouri
Docketed: 2019-08-05
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure due-process equal-protection fourteenth-amendment invention-rights Jurisdiction Patent-Law patent-misuse standing takings university-ownership
Key Terms:
DueProcess Patent
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Was the Judgment's demand of perpetual (no limit in time or geography) and unconditional payment of remunerations of sixteen years of Defendant Suppes' 'completed mental elements' (employer's definition of 'invention') a prohibited practice of Patent-Misuse?

Question Presented (OCR Extract)

QUESTIONS PRESENTED . 1. Was the Judgment's demand of perpetual (no limit in time or geography) and unconditional payment of remunerations of sixteen years of Defendant Suppes' "completed mental elements” (employer's definition of "invention") a prohibited practice of Patent Misuse? 2. Did the state circuit court improperly create new patent law, in violation of existing Patent Law, when the court ordered Suppes perpetually to pay : the Curators all remuneration Suppes received for inventions: (i) for which no patent application was made, Gi) for which Plaintiff did not patent, Gi) for Suppes' mere "transfer" of an invention, or (ii) for over fifty inventions with no regard to which Party properly owned rights to each invention or even if there were any legally enforceable rights to be owned on any specific invention. 3. Was the Respondent's arbitrary pursuit of courtenforced demands of perpetual ownership of sixteen years of Suppes' "completed mental elements” (Respondent's definition of "invention") a violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution? 4. Was the Appeal Court Opinion that "Only if the University affirmativelly] waives its rights to an invention may an employee seek a patent for the invention independently." a violation of the Due Process Clause of the Fourteenth Amendment to the United States Constitution? RELATED CASES Judgment, 13th Judicial Circuit Court of Boone County, Missouri, Case. No. 09-BA-CV02314, The Curators of the University of Missouri v. Galen J. Suppes and Homeland Technologies, . LLC, October 12, 2017. Opinion, Missouri Court of Appeals Western District, WD81278, The Curators of the University of Missouri v. Galen J. Suppes, January 8, 2019. Disp-App Tran to SC Denied, Supreme Court of Missouri, $C97734, The Curators of the University of Missouri v. Galen J. Suppes, April 30, 2019.

Docket Entries

2019-10-15
Petition DENIED.
2019-09-18
DISTRIBUTED for Conference of 10/11/2019.
2019-09-13
Waiver of right of respondents Curators of the University of Missouri to respond filed.
2019-06-23
Petition for a writ of certiorari filed. (Response due September 4, 2019)

Attorneys

Curators of the University of Missouri
Russell Scarritt Jones Jr.Polsinelli, PC, Respondent
Russell Scarritt Jones Jr.Polsinelli, PC, Respondent
Galen J. Suppes
Galen J. Suppes — Petitioner
Galen J. Suppes — Petitioner