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ARTICLE · 23 DECEMBER 2020

Patent Inventor Teamwork Doesn't Always Make The Dream Work

Volpe Koenig
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The requirements for ownership of a patent and the right to bring suit for the enforcement of the patent would seem to be well settled in patent law.

United StatesIntellectual Property
Thomas P. Gushue
Thomas P. Gushue

The requirements for ownership of a patent and the right to bring suit for the enforcement of the patent would seem to be well settled in patent law. As demonstrated in the recently decided Federal Circuit Court of Appeals (Case 2019-2244), AntennaSys, Inc. v. AQYR Technologies, Inc., et al., overlooking the ownership or enforcement requirement can result in wasted time and cost for the litigants and frustration for the courts. This article raises awareness of the nuances of ownership and enforcement rights in the hope of avoiding the cost and frustrations for all involved.

The underlying dispute in AntennaSys, Inc. v. AQYR Technologies (AntennaSys and AQYR) involved an allegation of patent infringement concerning portable antenna positioning systems. The patented system was invented by co-inventors working for different companies: AntennaSys and Windmill. Each co-inventor assigned their patent rights to the invention to their respective employer. This is a fairly

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