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Cooper v. Goldfarb

United States Court of Appeals for the Federal Circuit

154 F.3d 1321 (1998)

Facts

Peter Cooper (plaintiff) and David Goldfarb (defendant) both filed patent applications for artificial vascular grafts constructed from polytetrafluoroethylene (PTFE). The viability of the invention was dependent on the length of the fibrils that connected the nodes. Goldfarb’s application was filed while Cooper’s was still pending, resulting in a U.S. Patent and Trademark Office (PTO) interference hearing. Goldfarb gave testimony concerning his examination of fibral lengths, which was corroborated by testimony from two witnesses. The interference board determined that Cooper had conceived of the invention before Goldfarb but, due to Cooper’s failure to exercise diligence in reducing the invention to practice, Goldfarb was the first to successfully accomplish the necessary reduction to practice and thus the true inventor. Cooper appealed to the United States Court of Appeals for the Federal Circuit. In addition to contending that he deserved priority, Cooper also argued that Goldfarb’s reduction to practice should have been seen as inuring to Cooper’s benefit—that is, giving Cooper an advantage—an issue that the board had not considered.

Rule of Law

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Issue

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Holding and Reasoning (Schall, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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