Price v. Symsek
United States Court of Appeals for the Federal Circuit
988 F.2d 1187, 26 U.S.P.Q.2d 1031 (1993)
- Written by Eric Miller, JD
Facts
Richard Price (plaintiff) and Dale Symsek (defendant) both filed patents for a waste-heat recovery system. A U.S. Patent and Trademark Office (PTO) interference proceeding ensued. It was uncontested that Symsek conceived of the invention in February 1983. Price argued that his conception of the invention occurred prior to February 1983. To support this argument, Price offered the testimony of the secretary of his company, who stated that she saw a drawing of the idea in March 1982. The interference board considered the secretary’s testimony to be credible but lacking in sufficiency, because she did not attribute the drawing to Price or indicate an understanding of the drawing’s contents. The board determined that Symsek was the true inventor. Price appealed to the United States Court of Appeals for the Federal Circuit.
Rule of Law
Issue
Holding and Reasoning (Nies, C.J.)
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