In Omni MedSci, Inc. v. Apple Inc., the Federal Circuit held that language the inventor agreed to via his employment agreement “did not effectuate a present automatic assignment of [his] patent rights.” The issue arose in the context of a motion to dismiss a patent infringement suit for failing to be brought by the patent owner. After finding the inventor had not automatically assigned his rights to the unnamed party, the Federal Circuit affirmed the district court’s denial of the motion to...By: Foley & Lardner LLP.