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“Inventorship,” Not Infringement, At Issue In Unusual Nexus IP Case

19th century illustration of filling - frequent operation in jewel making. Published in 'The Practical Magazine, an Illustrated Cyclopedia of Industrial News, Inventions and Improvements, collected from foreign and British sources for the use of those concerned in raw materials, machinery, manufactures, building, and decoration.'  (Wedwood, Watt & Co./ W.P. Bennett & Co., London/Birmingham, 1873).

April 27, 2021

In a video interview, an attorney who represented Nexus explains what was at issue in a novel IP case, Nexus Technologies, Inc., et al. v. Unlimited Power Ltd. and Christopher Petrella. Nexus discovered that patents which had been filed by an affiliate of a potential joint venture partner were for technology that Nexus had developed and which the potential partner had garnered during the course of more than five years of negotiations. There is a significant hurdle in a case like this, attorney John Morrow explains, arising from the fact that typically there is a presumption that the patent office “got it right, and the named inventors are presumed to be the correct inventors.” For inventors who are in joint venture or joint-technology negotiations, Morrow has some advice to minimize the chance they will have to face a situation similar to the one Nexus dealt with here.

 

 

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