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Chou v. University of Chicago
United States Court of Appeals for the Federal Circuit
254 F.3d 1347 (2001)
Joany Chou (plaintiff) was a postdoctoral research assistant for Bernard Roizman at the University of Chicago (university) (defendants). Chou alleged that she should have been named as either the sole inventor or a co-inventor on a patent that was owned by the university, through an affiliate, and on which Roizman was named as the sole inventor. The terms of Chou’s academic appointment required Chou to assign all inventions to the university. According to university policy, inventors would receive 25 percent of the gross royalties and up-front payments from the licensing of their patents and 25 percent of the stock of new companies that were based on their inventions. Chou filed suit for correction of inventorship under 35 U.S.C. § 256 against Roizman and the university. Roizman and the university argued that Chou did not have standing to sue under § 256 because she did not have a potential ownership interest in the patent due to her obligation to assign inventions to the university. The district court dismissed the complaint, and Chou appealed.
Rule of Law
Holding and Reasoning (Lourie, J.)
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