Sewall v. Walters Still Good Law?
Register | Login
Intellectual Property Today
RFC Express - Document Management System

Is Sewall v. Walters Still Good Law?1

By Charles L. Gholz2and W. Todd Baker 3


Interferences have traditionally come in three “flavors”: so-called priority disputes (which, despite the name, are actually usually decided on the basis of non-priority issues, such as patentability and claim correspondence), derivation disputes, and inventorship disputes.4 With the passage of the America Invents Act (hereinafter referred to as “the AIA”),5 priority disputes are on their way out, and derivation interferences have largely been replaced by derivation proceedings.6 But how about inventorship disputes a la Sewall v. Walters, 21 F.3d 411, 30 USPQ2d 1356 (Fed. Cir. 1994) (opinion delivered by Circuit Judge Rich for a panel that also consisted of Chief Circuit Judge Archer and Senior Circuit Judge Lay of the Eighth Circuit)?7

What Sewall v. Walters Held

Sewall v. <...

To view the complete article you must be logged in
Login Now

Not A Member Yet? Sign Up For A Free 10 Day Trial Account!

  © Copyright 2015 Intellectual Property Today
Download Adobe Reader for free