PATENT ASSIGNMENT CLAUSES
ARE SUBJECT TO FEDERAL LAW,
APPEALS COURT RULES

The United States Court of Appeals for the Federal Circuit has issued an important ruling relating to the drafting, interpretation, and enforcement of patent assignment clauses.

The ruling, in DDB Technologies, L.L.C. v. MLB Advanced Media LP ¹, was issued February 13, 2008.

The ruling concerned an employment agreement, but it applies to any agreement containing a patent assignment clause. The most significant aspect of this ruling is that the Federal Circuit, over a strong dissent, ruled that questions relating to patent assignment clauses will be governed by federal law, not state law.

For our readers, we have prepared a brief overview of the issues in this case. Please read it here.

¹ 2008 U.S. App. LEXIS 3086 (Fed.Cir. Feb. 13, 2008)

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For more information, please contact:

Vincent A. Sanchez, Chair, US Technology and Sourcing Practice Group

Mark Radcliffe

Jay Westermeier

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