No. 24-236

Steve Campbell v. Tube-Mac Industries, Inc., et al.

Lower Court: Federal Circuit
Docketed: 2024-08-30
Status: Denied
Type: Paid
Response Waived
Tags: co-inventor-rights federal-circuit patent-assignment patent-jurisdiction unclean-hands wipo-treaty
Key Terms:
DueProcess Patent
Latest Conference: 2024-11-01
Question Presented (AI Summary)

Whether federal courts have jurisdiction to order patent co-inventors added to foreign patents under the WIPO Patent Cooperation Treaty and Federal Circuit precedent

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. As Congress has signed the United States of America to the rules and stipulations of the WIPO Patent Cooperation Treaty and the Federal Circuit through Voda v. Cordis, 476 F.3d 887 (2007), ruled that Federal Courts do not have jurisdiction over foreign patents, was the ruling by the District Court that the Patentee and Assignee take the necessary ; steps to add new co-inventors to foreign patents . where said co-inventors had not assigned its claimed rights to the Assignee of record in violation of these rules, the Federal Circuit ruling, and the international Patent Cooperation Treaty? 2. Regarding foreign and domestic patents, where a Patentee has assigned all patent rights to an Assignee, is it moot for a district court to order that Patentee to add co-inventors? 3. Where claimed co-inventors from another country have directed themselves through a company from another country with a fictitious “obligation to . assign” their claimed inventive rights to a subsidiary US company, registered as domestic, is this not a fraud on the court? 4, Are frauds on the court such as changing the core of the argument after discovery, perjury, subornation of perjury, and directly lying to the court by : attorneys when questioned by the court, reasons to dismiss a case under the doctrine of unclean hands? 5. Though the law in the United States stipulates . that the clock on Laches is to start once a patent has — ii been granted and published by the USPTO, is it not within the principles of Laches and potentially Equitable Estoppel to start the clock when complainants and their attorneys are confirmed to have had and read the patent application in question? 6. Can there be co-inventors added when the claimed contribution is not in any claim of a patent? iii IL

Docket Entries

2024-11-04
Petition DENIED.
2024-10-09
DISTRIBUTED for Conference of 11/1/2024.
2024-09-17
Waiver of right of respondent Tube-Mac Indus., Inc., et al. to respond filed.
2024-08-28
Petition for a writ of certiorari filed. (Response due September 30, 2024)

Attorneys

Steve Campbell
Steven Campbell — Petitioner
Steven Campbell — Petitioner
Tube-Mac Indus., Inc., et al.
Lynn Jeffery AlstadtBuchanan Ingersoll & Rooney PC, Respondent
Lynn Jeffery AlstadtBuchanan Ingersoll & Rooney PC, Respondent