Federal District Court Finds Inventorship Disputes to be Arbitrable
We learn this morning from the National Arbitration Forum that a federal district court in the District of Columbia has held that inventorship claims under 35 U.S.C. § 256 are arbitrable. In particular, the Court held that an arbitrator has the power to require parties to a technology agreement to correct a patent by changing the names of the inventors from those presently designated to those required to be designated in the event of breach. If the respondents failed to comply, held the court, "the arbitration award could be converted into a court order for correction."
The case is INVISTA North America, S.a.r.l. v. Rhodia Polyamide Intermediates S.A.S., No. 06-2180, 2007 WL 2230273 (D.D.C. Aug. 6, 2007),
For the full text of NAF's article on this important decision, click here.