David Hricik

Recent Articles by What if the Spouse of Every Inventor Living in a Community Property State has an Undivided Interest in an Invention?

What if the Spouse of Every Inventor Living in a Community Property State has an Undivided Interest in an Invention?

If you think the title only raises a wild possibility, consider what happened in a recent case decided by the Federal Circuit. After being sued for infringement, the defendant had the ex-wife of the inventor of the patent-in-suit sell to it any interest she had in that patent. The defendant argued that as a result there could be no infringement, both because plaintiff lacked standing and because the defendant had acquired an undivided interest in the patent. It almost worked.