2008-1168 Carter v. Alk Holdings

Posted on | February 24, 2008 | No Comments

ND/GA 1:06-cv-2080   

Carter was an employee of defendants who, allegedly on his own time etc., invented a new locking mechanism for safe-deposit boxes.  After defendants initially passed on the idea, they approached plaintiff about a 50%-50% partnership.  Defendants hired a patent attorney to prosecute the application, but apparently defendant Hassebrock was improperly added as a co-inventor.  Defendants then pressured plaintiff to assign his interest and, when he refused, fired him.  The patent application published as 20070039361.  Plaintiff brought suit for violating the Constitution, Sherman Act, Lanham Act, and Patent Act (plus various state law claims).  Judge Jack Camp dismissed all of the federal claims for failing to state a claim, and declined jurisdiction over the state law claims.  With respect to the claims to correct inventorship, the court held that it did not have the authority to modify inventorship of a pending patent application, briefly discussing both §116 (PTO may do it to pending applications) or §256 (court may do it for issued patents).

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