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ARTICLE · 11 OCTOBER 2013

Judge Zobel Sorts Out Patent Ownership Issues On Summary Judgment

The District Court granted Solar Tech's summary judgment motion as to sole ownership of three U.S. patents.

United StatesIntellectual Property

US SolarTech, Inc. v. j-Fiber, GmbH, C.A. No. 06-10293-RWZ, 2013 WL 1755212 (D. Mass. Apr. 24, 2013) (Zobel, D.J.) [Patent Ownership]

US Solar Tech, Inc. ("Solar Tech") claims to be the owner of four U.S. patents. Defendant j-Fiber, GmbH ("j-Fiber") responds that it is a co-owner of these patents. The District Court (Zobel, D.J.) granted Solar Tech's summary judgment motion as to sole ownership of three U.S. patents. It also granted j-Fiber's cross-motion for summary judgment of co-ownership of one patent, but denied j-Fiber's cross-motion for summary judgment on its claim of shop rights.

In 2005, SolarTech purchased all of FiberCore, Inc.'s ("FiberCore") assets—including the patent assets—in bankruptcy. j-Fiber, however, claims that it is a co-owner of the patent assets because in 2004 it purchased ownership interests from FiberCore's wholly-owned subsidiary, FiberCore Jena GmbH ("FC Jena"). The question presented was (a) whether any interest in the patent assets

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