Addressing an inventorship decision that added two co-inventors to patents covering cancer treatments, the US Court of Appeals for the Federal Circuit agreed that the co-inventors’ work constituted joint inventorship even though it was performed independently and publicly disclosed prior to conception of the claimed invention. Dana-Farber Cancer Institute v. Ono Pharma. Co., Ltd., Case No. 19-2050 (Fed. Cir. July 14, 2020) (Lourie, J.). In 2015, Dana-Farber filed an inventorship correction claim seeking to add two of its researchers as inventors to six patents covering cancer treatments that named inventors who had assigned the patents to Ono Pharmaceutical. After an eight-day bench trial, the district court judge issued a 111-page decision agreeing that Dana-Farber’s researchers were joint inventors for all six patents. Ono appealed. Ono first argued that, as a matter of law, the contributions from Dana-Farber’s researchers were too far removed from the...

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