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June 5, 2009

Uppity

Wage slaves typically must assign their inventions to their employer as a condition of employment. Boat designer Borden Larson got uppity about it and sued his former employer Correct Craft, trying to get back a right he had signed away. Larson lashed out in state court. Correct Craft dragged it into federal court. Larson, with no cards to play, lost. Not one to get over it, Larson appealed. No surprise that the CAFC blew the matter off, albeit longwindedly, in a precedential decision (2008-1208), involving jurisdiction (28 U.S.C. § 1338(a)) and correction of inventorship (35 U.S.C. § 256), which didn't apply in this case.

Posted by Patent Hawk at June 5, 2009 5:14 PM | Case Law