Northern District of Ohio Ultimately Protects Vector Corrosion’s Ownership of Patents

Posted on | March 7, 2008 | No Comments

2008-1170 Euclid Chemical v. Vector Corrosion
ND/OH 05-CV-80

Plaintiff Euclid Chemical has appealed Judge Christopher Boyko’s resolution of declaratory judgment action involving a host of ownership issues for patents related to cathodic protection systems. After Euclid Corrosion received a letter from Vector Corrosion’s IP agent warning of possible infringement of six patents, Euclid Chemical filed suit seeking a declaration of noninfringement and/or invalidity for five of the six patents. Euclid also sought a declaration that it was the bona fide purchaser of the sixth patent (Patent No. 6,217,742). Judge Boyko granted Vector Corrosion’s motion for summary judgment on three of the patents, holding that Vector Corrosion lacked standing to enforce those because they were owned by Fosroc International. After paring down each side’s claims, the sole remaining issue related to the ownership of the ’742 patent. Applying Ohio contract law, the Court held that Vector Corrosion owned the ’742 patent as part of a 2001 assignment that included rights to the parent of the ’742 patent and "any and all divisional applications, continuations, and continuations in part." The Court declined to consider evidence that the ’742 patent was assigned to Euclid Chemical in 2004 or that the ’742 patent issued prior to the 2001 assignment to Vector Corrosion but was not mentioned in that agreement. As for infringement and invalidity, Judge Boyko held that Vector Corrosion abandoned its claims for infringement and that Euclid Chemical abandoned its claim of noninfringement. Accordingly, Judge Boyko dismissed the parties’ remaining counts.

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