Filler v. United States

 
APPEAL NO.
21-1552
OP. BELOW
CFC
SUBJECT
Patent
AUTHOR
Per Curiam

Question(s) Presented

  1. Whether “[t]he Assignment of Claims Act 31 USC §3727 (hereinafter ‘ACA’) should not be applied against patent claims where the assignment at issue is among closely related parties who continue, after said assignment, to possess a shared claim.”
  2. “Who should be considered the original claimant for the purposes of the Assignment of Claims Act (31 USC §3727),” “when a patent assignment divides a right to sue and a right to exclude?”
  3. Whether the panel’s ruling “caus[es] an unwarranted circuit split because it withholds subject matter jurisdiction when at least one party has both the injury and standing.”

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