Streck, Inc. v. Research & Diagnostic Sys., Inc., No. 11-1045 (Fed. Cir. 2011)
Annotate this CasePlaintiffs filed suit, asserting infringement of patents. Defendant argued invalidity on the ground that its employee was the earlier inventor. The jury answered "No" to: Has defendant proven by clear and convincing evidence that its employee was the first to invent and did not abandon, suppress or conceal that invention? The court declined to stay the suit pending completion of the Patent and Trademark Office interference. The PTO awarded priority to defendant's employee, but, in a subsequent civil action for interference under 35 U.S.C. 146, the district court awarded priority to plaintiffs. The Federal Circuit affirmed. Section 146 establishes de novo review; the court is not required to accept the PTO findings if they are supported by substantial evidence. The judicial process is the final arbiter of the rights and issues administratively assigned to the PTO.
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