United States Court of Appeals for the Federal Circuit
816 F.2d 624 (Fed. Cir. 1987)
Owen Griffith (plaintiff) established the concept for an aminocarnitine compounds invention on or before June 30, 1981. He reduced the concept to practice on January 11, 1984. In the interim, on November 17, 1982, Tsuneo Kanamaru (defendant) filed for a patent for the same invention. Griffith claimed that the delay in his reduction of the concept to practice was on account of his university’s search for outside funding, as well as his waiting for a specific graduate student to enroll in the university to help on the project. Griffith claimed that he had promised the student that she could work on this particular project after she enrolled. During the period between Griffith coming up with the concept and reducing it to practice, Griffith often put aside the aminocarnitine work to focus on other projects. The Board of Patent Appeals and Interference found in favor of Kanamaru. Griffith appealed.
Rule of Law
Holding and Reasoning (Nichols, S.J.)
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